/ 


— X"-' 


I1M 


UNIVERSITY 
OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


1914 
E   379.14   N548 


STACKS 


si 


*CKs 


DISCARD 

TEACHERS  ROOM 
LOS  ANGELES  PUBLIC  LIBRARY 


fiwi  Jersey  -       LiojtjttjUh'',  ih* 


NEW  JERSEY 


SCHOOL    LAWS 


AND 


Rules  and  Regulations 
Prescribed  by  the  State  Board  of  Education 


WITH 

Decisions  by  the  Commissioner  of  Education 
and  the  State  Board  of  Education 

AND 

Notes,  Blanks  and  Forms 

FOR  THE 

Use  and  Government  of  School  Officers 



1914 


PREPARED    BY    THE 
COMMISSIONER    OF    EDUCATION 


N.  A. 

vlAY  ^9'1» 


19  14- 


CONTENTS 

Pack. 

Extracts  from  the  State  Constitution  respecting  Public  Schools 5 

School    Law. 
Article. 

I.     State   Board  of  Education,   7 

II.     Commissioner  of  Education,  10 

III.  County  Superintendents,  17 

IV.  Board  of  Examiners,  20 

V.      School    Districts, 22 

VI.     City  School   Districts,    24 

VII.     Township,  Incorporated  Town  and  Borough   School  Dis- 
tricts  • 40 

VIII.     Teachers,    63 

IX.     Pupils, 71 

X.     Schoolhouses,    Facilities    and    Accommodations,    76 

XI.     Union-graded  Schools,    79 

XII.     Kindergartens,    85 

XIII.  Evening  Schools 86 

XIV.  Textbooks  and  Supplies,  88 

XV.     Compulsory   Education,    88 

XVI.     School   Fund,    100 

XVII.     State   School  Tax,    10.3 

XVIII.     Custodian  of  School  Moneys,   in 

XIX.     State  Normal   School 114 

XX.     New  Jersey  School  for  the  Deaf 116 

XXI.     Manual  Training  and  Industrial  School  for  Colored  Youth,  118 

XXII.     Manual  Training, 119 

XXIII.     School  Libraries 121 

XXTV.     Teachers'  Libraries 122 

XXV.     Teachers'  Retirement  Fund 122 

XXVI.     Salaries  of  Teachers  and  Principals 133 

XXVII.     Miscellaneous,    T38 

Tmnroper  Use  of  School  Moneys,  Medical  Inspector,  etc.,  138 

Railroad  Tax   for   Schools,    148 

Vocational    Schools 152 

Summer   Schools    for   Teachers,    162 

Special  Schools  for  Dependent  and  Delinnnent  Children,  t6} 

State  Federation  of  District  Boards*  of  Education,   166 

Miscellaneous  Laws. 

Industrial  Schools,  etc.,    167 

Agricultural  College, 174 

Free  Lectures,  etc.,  178 

Qualifying  Academic   Certificate,   etc.,    i8t 

State  Board  of  Children's  Guardians,   187 

Instruction  in  Preventing  Accidents,   tqt 

Rules  and  Regulations  Prescribed  by  the  State  Board  of  Education. 

Certificates  and  Examinations,  195 

County    Superintendents,    218 

Teachers'   Institutes,    220 

Teachers  221 

School   Attendance,    222 

Approval  of  High  Schools,  222 

Registration  of  Private  Schools,   225 

Medical   Inspection,    225 

Appeals,   228 


)46< 


Page. 

Manual  Training, 229 

Tuition   Fees,    • 231 

Manual  Training  and  Industrial  School  for  Colored  Youth,  231 

School  Buildings, • 232 

School  Law  Decisions  of  Commissioner  of  Education  and  State  Board 

of  Education, • 243 

Blanks  and  Forms  for  School  Officers,  371 

I.     Transfer  Certificate,   • 374 

II.     Notice  of  Institute, 374 

III.  Certificate  of  Teachers'  Attendance  at  Institute,   375 

IV.  Statement  of   Expenses,    376 

V-XI.     Orders  on  County  Collectors, 277 

XII.     Notice  to  District  Clerk  that  Teacher  has  Filed  Report,..  380 

XIII.  Certificate  Condemning  a   Schoolhouse,   380 

XIV.  Notice  to  Custodian  of  Apportionment  of  Moneys,   381 

XV.     Appointment  of  a  President  or  Vice-President,  381 

XVI.     Notice  to  Custodian  to  Withhold  Moneys  from  Teacher,  381 

XVII.     Notice  to  Custodian  to  Withhold  Moneys  from  District,  382 
XVIII.     Notice  to  Custodian  of  Payment  of  Money  and  Custodian's 

Receipt,   383 

XIX.     Notice  of  Annual  Meeting,  383 

XX.     Teacher's  Contract,   384 

XXL     Application    for    State   Manual   Training   Appropriation,. .  386 

XXII.     Notice  for  Special  District  Meeting 386 

XXIII.  Specifications  of  Business  at  District  Meeting,   387 

XXIV.  Order  of  Business  at  District  Meeting 388 

XXV.     Order  on  Custodian  for  Teachers'  Salaries,  388 

XXVI.     Order  on  Custodian  for  Other  Purposes  than  Salaries,  ....  389 

XXVII.     Notice  of  Election  of  Board  of  Education  Members, 389 

XXVIII.     Report  of  District  Clerk  as  to  District  School  Tax, 390 

XXIX.     Certificate  of  Amount  of  School  Tax  Voted,   391 

XXX.     Affidavit  to  Bills  Presented  to  a  Board  of  Education,  ....  392 

Calendar  for  School  Elections  and  Duties, 393 

XXXI.      Directions   for   Bonding  a   District,    395 

XXXII.     Affidavit  of  Member  of  Board  of   Education 407 

XXXIII.  Transfer    Card,    408 

XXXIV.  Register  Shipping  Letter,   408 

XXXV.     Bond  to  be  Issued  for  Loan,   409 

XXXVI.      Notice  to  Assessor  of  Amount  of  Tax  to  be  Raised  for 

Bonds  and   Interest, 410 

XXXVII.     Notice  to  County  Superintendent  of  Tax  for  Bonds  and 

Interest 411 

XXXVIII.     Notice  of  District  School  Meeting  to  Members-Elect, 413 

XXXIX!     Lease, 4L3 

XL.     Deed  of  Schoolhouse  Site,   414 

XLI.     Contract  for  Building  Schoolhouse,   415 

XLII.     Note  for  Money  Borrowed, 416 

XL1II.      Duties  of  District  Clerk,  416 

XLIV.      Certificate  that  Child  has  Attended  School,   417 

XLV.     Teacher's  Report  on  Leaving  Before  End  of  Year,  418 

XLVI.      Teacher's  Report  of  Suspension  of  Pupil 418 

XLVIL     Grade  and  Progress  Study 419 

XLVI  1 1.      District  Clerk's  Monthly  Report,   420 

XLIX.     Notice  Concerning  Disorderly   Persons,    421 

Application  for  Approval  of  Schoolhouse  Plans, 421 

Compulsory    Education    Forms,    423 

Applications   for   Retirement,    436 

Transportation  Contract 438 


EXTRACTS 

From  the  State  Constitution  Respecting  Public  Schools. 


Section  VII. 

6.  The  fund  for  the  support  of  free  schools,  and  all  money, 
stock  and  other  property  which  may  hereafter  be  appropriated 
for  that  purpose,  or  received  into  the  treasury  under  the  provi- 
sion of  any  law  heretofore  passed  to  augment  the  said  fund, 
shall  be  securely  invested  and  remain  a  perpetual  fund;  and  the 
income  thereof,  except  so  much  as  it  may  be  judged  expedient 
to  apply  to  an  increase  of  the  capital,  shall  be  annually  appro- 
priated to  the  support  of  public  free  schools,  for  the  equal  benefit 
of  all  the  people  of  the  state;  and  it  shall  not  be  competent  for 
the  legislature  to  borrow,  appropriate  or  use  the  said  fund,  or 
any  part  thereof,  for  any  other  purpose,  under  any  pretence 
whatever;  the  legislature  shall  provide  for  the  maintenance  and 
support  of  a  thorough  and  efficient  system  of  free  public  schools 
for  the  instruction  of  all  the  children  in  this  state  between  the 
ages  of  five  and  eighteen  years. 

ii.  The  legislature  shall  not  pass  private,  local  or  special  laws 
providing  for  the  management  and  support  of  free  public  schools. 


(5) 


Note. — The  black-faced  numbers  to  the  sections  are  for  con- 
venience for  reference.  The  legal  numbers  of  the  sections  are  in 
brackets. 


SCHOOL  LAW. 


State    Board 

of    Education. 


An  Act  to  establish  a  thorough  and  efficient  system  of 
free  public  schools,  and  to  provide  for  the  mainte- 
nance, support  and  management  thereof.  Approved 
October  nineteenth,  one  thousand  nine  hundred  and 
three. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of 
the  State  of  New  Jersey: 

Article  I. 

STATE    BOARD    OF    EDUCATION. 

1.  (2.)  The  general  supervision  and  control  of  public 
instruction  shall  be  vested  in  a  State  Board  of  Educa-  ^ap."  ^9jn' 
tion,  which  shall  consist  of  eight  members,  not  more  than 
four  of  whom  shall  be  members  of  the  same  political 
party,  and  not  more  than  one  of  whom  shall  be  residents 
of  any  one  county.  Said  members  shall  be  male  citizens  tl™Umemx£n. 
who  have  resided  within  the  State  for  not  less  than  five 
years  immediately  preceding  the  date  of  their  appointment. 
They  shall  be  appointed  by  the  Governor  by  and  with  the 
•advice  and  consent  of  the  Senate,  for  the  following  terms, 
to  commence  on  the  first  day  of  July,  nineteen  hundred 
and  eleven ;  one  for  one  year,  one  for  two  years,  one  for  Term, 
three  years,  one  for  four  years,  one  for  five  years,  one 
for  six  years,  one  for  seven  years  and  one  for  eight  years. 
Annually  thereafter  one  member  shall  be  appointed  by  the 
Governor  for  a  term  of  eight  years.  Vacancies  shall  be  vacancy, 
filled  for  the  unexpired  term.  A  suitable  room  in  the 
State  House  at  Trenton  shall  be  provided  for  the  use  of 
the  board. 

(7) 


Appointment. 


OfflCP. 


8 


SCHOOL  LAW. 


Meetings. 


Control    of 

certain  State 

schools. 

P.  L.    1903. 

Special 

session. 


Powers 

enumerated. 
,\ihkc  rules 
for  carrying 
school  laws 
Into  effect. 
Ibid. 


Utiles    for 
Institutes. 

Decide 
appeals. 


Bules   for 
examinations. 


Inspector  of 
buildings. 
P.    L.    1911, 
Chap.    231. 


Inspector  of 
accounts. 


Said  board  shall  meet  in  the  State  House  in  Trenton 
at  such  times  as  their  rules  may  prescribe  in  each  and 
every  month,  and  at  such  other  times  and  places  within 
the  State  as  in  its  judgment  may  be  necessary.  Its  meet- 
ings, as  well  as  those  of  every  board  of  education  in 
the  State,  shall  be  public  and  shall  commence  not  later 
than  eight  P.  M. 

2.  (2.)  The  State  Board  of  Education  shall  have  the 
control  and  management  of  the  State  Normal  Schools, 
the  New  Jersey  School  for  the  Deaf,  the  Farnum  Pre- 
paratory School,  and  the  Manual  Training  and  Industrial 
School  for  Colored  Youth. 

3.  (3.)  The  State  Board  of  Education  shall  have 
power:  (a) 

I.  To  frame  and  modify  by-laws  for  its  own  govern- 
ment; to  elect  its  president  and  other  officers,  and  to 
prescribe  and  enforce  rules  and  regulations  necessary  to 
carry  into  effect  the  school  laws  of  this  State. 

II.  To  prescribe  rules  and  regulations  for  holding 
teachers'  institutes. 

III.  To  decide  appeals  from  the  decisions  of  the  Com- 
missioner of  Education. 

IV.  To  make  and  enforce  rules  and  regulations  for  the 
examination  of  teachers,  and  the  granting  of  certificates 
or  licenses  to  teach. 

V.  Appoint  an  Inspector  of  Buildings  at  a  salary  not 
to  exceed  two  thousand  dollars  per  annum,  who  shall 
devote  his  time  during  the  entire  twelve  months  in  the 
year  to  visiting  the  schools  in  the  State  and  to  making  a 
thorough  report  with  regard  to  each. 

VI.  Appoint  an  Inspector  of  Accounts  at  a  satary  not 
to  exceed  two  thousand  dollars  per  annum,  who  shall 
devote  his  time  during  the  entire  twelve  months  in  the 
year  to  the  examination  of  the  accounts  of  the  several 
school  districts. 


(a)  For  other  powers  see  Articles  XIX,  XX,  and  XXI  and  Sections 
9,  17,  27,  98,  155,  176,  177.  179,  204,  220,  251,  278,  326,  329,  34s, 
347,  354.  356,  360,  362,  382,  383,  387,  39s,  422  and  -423. 


SCHOOL  LAW. 


VII.  Prescribe  a  uniform  and  simple  system  of  book- 
keeping for  use  in  all  school  districts,  and  compel  all 
school  districts  to  use  the  same. 

VIII.  Appoint,  upon  application,  a  Supervising  Prin- 
cipal over  the  schools  in  two  or  more  districts  whenever 
in  its  opinion  it  is  advisable  so  to  do,  and  apportion  the 
expense  equitably  among  the  districts. 

IX.  Withhold  or  withdraw  its  approval  of  any  second- 
ary school  whenever  in  its  opinion  its  academic  work, 
location  or  enrollment  and  per  capita  cost  of  maintenance 
shall  not  warrant  its  establishment  or  continuance. 

X.  Fix  rates  to  be  paid  by  a  district  for  the  tuition  of 
children  sent  from  it  to  the  schools  of  other  districts,  when 
the  districts  cannot  agree  among  themselves  as  to  the 
proper  rate,  and  require  any  district  having  the  necessary 
accommodations  to  receive  pupils  from  other  districts  at 
rates  agreed  upon  or  which  it  may  fix  in  the  event  of  dis- 
agreement. 

XI.  Compel  the  production  at  such  time  and  place 
within  the  State  as  it  may  designate  of  any  and  all  books, 
papers  and  vouchers  in  any  way  relating  to  schools  or  to 
the  receipt  or  disbursement  of  school  moneys ;  compel  the 
attendance  before  it  or  before  any  of  its  committees  or 
before  the  Commissioner  of  Education  or  one  of  his  assist- 
ants or  before  the  Inspector  of  Accounts  or  the  Inspector 
of  Buildings  at  such  time  and  place  as  it  may  designate  of 
any  member  of  a  board  of  education,  or  of  any  person  in 
the  employ  of  a  board  of  education,  and  suspend  from 
office  any  person  refusing  to  attend  or  to  submit  such 
books,  papers  and  vouchers  as  he  may  have  been  directed 
to  produce. 

XII.  Issue  subpoenas  signed  by  its  president  and  secre- 
tary compelling  the  attendance  of  witnesses  and  the  pro- 
duction of  books  and  papers  in  any  part  of  the  State 
before  it  or  before  any  of  its  committees  or  before  the 
Commissioner  of  Education  or  one  of  his  assistants  or 
before  the  Inspector  of  Accounts  or  the  Inspector  of 
Buildings. 


System    of 
bookkeeping. 


Appoint 

supervising 

principals. 


Withhold 

approval 
of    secondary 
schools. 


Fix    rates   of 
tuition. 


Compel 
attendance 
of  witnesses. 


Penalty 


Issue 
subpoenas. 


IO 


SCHOOL  LAW. 


Compensa- 
tion. 

P.    L.    1003. 
Special 
session. 


Annual 
report. 
Ibid. 


4.  (4.)  The  members  of  the  State  Board  of  Educa- 
tion shall  receive  no  compensation  for  their  services,  but 
the  State  Treasurer  shall,  upon  the  warrant  of  the  State 
Comptroller,  pay  their  necessary  expenses. 

5.  (5.)  The  State  Board  of  Education  shall  report 
annually  to  the  Legislature  in  regard  to  all  matters  com- 
mitted to  its  care. 


Article  II. 


COMMISSIONER    OF    EDUCATION. 


Appointment. 
P.    L.    1911, 
Cbap.    231. 

Term. 


Salary. 


Powers   of. 
Ibid. 


Secretary  of 
State  Board  of 
Education. 


Assistant 
commis- 
sioners. 


Supervisor    of 

secondary 

education. 


6.  (4.)  A  Commissioner  of  Education  shall  be  ap- 
pointed by  the  Governor,  by  and  with  the  advice  and 
consent  of  the  Senate,  for  a  term  of  five  years,  commenc- 
ing July  first,  one  thousand  nine  hundred  and  eleven,  and 
until  his  successor  shall  be  appointed,  at  an  annual  salary 
of  ten  thousand  dollars  per  annum,  payable  in  equal 
monthly  installments.  Such  commissioner  shall  be  selected 
without  regard  to  whether  his  place  of  residence  is  within 
or  without  the  State  of  New  Jersey. 

7.  (5.)  The  Commissioner  of  Education  shall,  with 
the  advice  and  consent  of  the  State  Board  of  Education: 

I.  Designate  one  of  the  clerks  in  the  Department  of 
Public  Instruction  to  act  as  secretary  of  the  State  Board 
of  Education  and  to  perform  such  services  as  it  may 
require. 

II.  Appoint  four  assistant  commissioners  of  education, 
each  at  an  annual  salary  of  four  thousand  five  hundred 
dollars,  and  designate  one  of  them  to  act  in  his  place 
during  his  absence. 

III.  Designate  one  of  such  assistants  to  act  as  Super- 
visor of  Secondary  Education  and  define  his  duties,  cause 
him  to  devote  his  entire  time  during  school  hours  to  per- 
sonal inspection  and  to  conduct  tests  of  at  least  one-half 
hour  each  in  at  least  three  classes  on  each  visit  to  a  high 
school  or  to  a  high  school  department. 


SCHOOL  LAW. 


ii 


IV.  Designate  one  of  such  assistants  to  act  as  Super- 
visor of  Elementary  Education  and  define  his  duties,  and 
cause  him  to  devote  his  entire  time  during  school  hours 
to  personal  inspection. 

V.  Designate  one  of  such  assistants  to  act  as  Super- 
visor of  Industrial  Education,  including  agriculture,  and 
define  his  duties,  including  agriculture,  and  to  cause  him 
to  devote  his  entire  time  during  school  hours  to  personal  in- 
spection. 

VI.  Designate  one  of  such  assistants  to  hear  all  con- 
troversies and  disputes  which  may  arise  under  the  school 
laws  or  the  rules  and  regulations  of  the  State  Board  of 
Education  or  of  the  Commissioner  of  Education,  subject, 
however,  to  a  right  of  appeal  to  the  State  Board  of  Edu- 
cation. 

VII.  Ascertain  the  thoroughness  and  efficiency  of  any 
or  all  public  schools,  and  of  any  or  all  grades  in  them  by 
such  ways  and  means,  tests  and  examinations,  as  to  him 
may  seem  proper,  whenever  in  his  opinion  or  in  that  of 
the  State  Board  of  Education  it  is  advisable  to  do  so. 
Prescribe  during  each  school  term  and  within  sixty  days 
prior  to  its  expiration,  an  examination  in  at  least  arith- 
metic, writing,  spelling,  English,  history  and  geography, 
of  the  pupils  in  the  highest  grade  in  each  Elementary 
School ;  provided,  that  if  in  any  school  any  of  said  sub- 
jects is  not  taught  in  the  highest  grade,  the  examinations 
shall  be  confined  to  such  of  the  said  subjects  as  are  taught 
or  used ;  prepare  or  cause  to  be  prepared  questions  for 
the  examinations ;  prescribe  the  times  and  places  for  hold- 
ing them  and  the  rules  governing  them ;  select  the  superin- 
tendents, principals  and  teachers,  who  shall  conduct  them, 
and  who  shall  mark  and  file  such  papers  and  such  reports 
as  may  be  required  in  the  Department  of  Public  Instruc- 
tion; report  to  the  State  Board  of  Education  the  results 
of  all  tests  and  examinations  and  such  other  information 
in  regard  thereto  as  it  may  require.  Nothing  herein  con- 
tained shall  impair  the  right  of  each  district  to  prescribe 
its  own  rules  for  promotion. 


Supervisor 
elementary 
education. 


Supervisor    of 

industrial 

euueation. 


Designate 
assistant 
to    hear 
controversies. 


Prescribe 
examinations. 
P.    L.    1912, 
Chap.    365. 


12 


SCHOOL  LAW. 


Prescribe 

course    for 

elementary 

schools. 

P.   L.   1911, 

Chap.    231 


Meetings  oi 
county  and 
city  super- 
intendents. 


Withhold 
school 

moneys. 


Report. 


Trustee  of 
school  fund 
Ibid. 

Administer 

oaths. 

Ibid. 


Definition  of 
Commissioner 
of   Education. 
Ibid. 


VIII.  Prescribe  a  minimum  course  of  study  for  the 
elementary  schools  and  for  the  high  schools  or  for  either, 
if  in  his  opinion  it  is  advisable  so  to  do. 

IX.  Prescribe  such  method  as  to  him  may  seem  best  for 
use  in  ascertaining  what  children  are  three  years  or  more 
below  the  normal. 

X.  Hold  meetings  of  city  and  county  superintendents 
at  least  once  in  each  year  for  the  discussion  of  school 
affairs  and  ways  and  means  of  promoting  a  thorough  and 
efficient  system  of  education. 

XI.  Direct  the  County  Collector  to  withhold  funds 
received  by  him  from  the  State  from  any  district  that 
refuses  or  neglects  to  obey  the  law  or  the  rules  or  direc- 
tions of  the  State  Board  of  Education  or  the  Commis- 
sioner of  Education. 

XII.  Report  to  the  State  Board  of  Education  once  a 
month  and  at  such  other  times  as  it  may  designate  such 
information  as  it  may  prescribe,    (a) 

8.  (6.)  The  Commissioner  of  Education  shall  be  one 
of  the  Trustees  of  the  School  Fund. 

9.  (7.)  The  State  Board  of  Education,  by  its  presid- 
ing officer,  each  of  its  committees,  by  their  chairmen,  the 
Commissioner  of  Education  and  each  of  his  assistants 
shall  have  authority  to  administer  oaths  and  to  examine 
under  oath,  in  any  part  of  the  State,  witnesses  in  regard 
to  any  matter  pertaining  to  the  schools  and  to  cause  the 
examination  to  be  reduced  to  writing.  Any  person,  who, 
having  been  sworn  or  affirmed  by  the  presiding  officer  of 
the  State  board,  or  by  the  chairman  of  any  of  its  com- 
mittees, or  by  the  commissioner,  or  by  any  one  of  his 
assistants  to  tell  the  truth,  and  who  willfully  gives  false 
testimony  shall  be  guilty  of  perjury. 

10.  (8.)  Whenever  in  the  act  to  which  this  is  a  sup- 
plement, or  in  any  act  amendatory  thereof  or  supple- 
mental thereto,  or  in  any  other  act  of  the  Legislature  the 


(a)  For  other  powers  see  sections  27,  98,  120,  122,  134,  to  139,  i52> 
154,  2oo,  204,  205,  220,  261,  277,  281,  284,  323,  326,  330,  344,  347. 
393,  4'S,  4i7»  421   and  446. 


SCHOOL  LAW.  13 

words  "State  Superintendent  of  Public  Instruction"  are 
used  the  same  shall  be  taken  to  be  and  to  mean  "Com- 
missioner of  Education." 

11.  (9.)  All  appeals  to  the  State  Board  of  Education    ^Board. 
shall  be  taken  within  thirty  days  after  the  Commissioner    IbW- 

of  Education  has  filed  his  decision,  and  in  such  manner 
as  the  said  board  may  prescribe. 

12.  (6.)  A  suitable  office,  to  be  known  as  the  Depart-   office, 
ment  of  Public  Instruction,  shall  be  provided  for  him  in  special 
the  State  House  at  Trenton.    The  necessary  expenses  in- 
curred in  the  Department  of  Public  Instruction  shall  be 

paid  in  the  manner  provided  by  law. 

13.  (8.)  The  Commissioner  of  Education  may  employ   ^j™^. 
such  clerks  as  he  may  deem  necessary  and  fix  their  com-   lbid- 
pensation,  which  compensation  shall  be  payable  monthly 

on    the   certificate    of    the    Commissioner   of    Education; 
provided,  that  the  compensation  of  said  clerks  shall  not    Proviso, 
exceed  in  the  aggregate  the  sum  annually  appropriated 
therefor  by  the  Legislature. 

14.  (9.)  The  Commissioner  of  Education  shall  be  the  f^E^S 
Secretary  of  the  State  Board  of  Education,  and  a  mem-  "'/member1 
ber,  ex-officio,  of  all  boards  of  examiners.     He  shall  en-   of  b0.arda  °r 

examiners. 

force  all  rules  and  regulations  prescribed  by  the  State  Ibld- 
Board  of  Education.  He  shall  have  supervision  of  all  ^schJIou" 
the  schools  of  the  state  receiving  any  part  of  the  state 
appropriation.  He  shall,  from  time  to  time,  instruct 
County  and  City  Superintendents  as  to  their  duties  and 
as  to  the  best  manner  of  conducting  schools,  construct- 
ing schoolhouses  and  furnishing  the  same. 

15.  (10.)  The  Commissioner  of  Education  shall  decide,    Decide  con- 

,   .  ,r-  t-«  1        /■    n  trov<>rsiPR 

subject  to  appeal  to  the  State  Board  of  Education  and   arising  under 
without  cost  to  the  parties,  all  controversies  and  disputes    ibid. 
that  shall  arise  under  the  school  laws,  or  under  the  rules 
and  regulations  of  the  State  Board  of  Education.     The 
facts  involved  in  any  controversy  or  dispute  shall,  if  he 
shall  so  require,  be  made  known  to  him  by  written  state- 
ments by  the  parties  thereto,  verified  by  oath  or  affirma- 
tion, and  accompanied  by  certified  copies  of  all  docun  ent 
necessary  to  a  full  understanding  •"'  "^*r  question  r    J 


14 


SCHOOL  LAW. 


Keep  record 
of  decisions. 
Ibid. 


Seal. 


Appoint 
county   super- 
intendent   to 
fill   vacancy. 
Ibid. 


pute,  and  his  decision  shall  be  binding  until,  upon  appeal, 
a  decision  thereon  shall  be  given  by  the  State  Board  of 
Education,   (a) 

16.  (ii.)  The  Commissioner  of  Education  shall  keep 
a  record  of  all  his  official  acts  and  shall  preserve  copies 
of  all  decisions  made  by  him,  and  shall  adopt  and  provide 
an  official  seal.  Copies  of  all  acts,  orders  and  decisions 
made  by  him,  and  of  all  papers  deposited  or  filed  in  the 
Department  of  Public  Instruction  may  be  authenticated 
under  said  seal,  and,  when  so  authenticated,  shall  be 
evidence  equally  with  an  in  like  manner  as  the  originals. 

17.  (I2-)  Whenever  there  shall  be  a  vacancy  in  the 
office  of  County  Superintendent  of  Schools,  the  Com- 
missioner of  Education  shall  appoint,  subject  to  the  ap- 
proval of  the  President  of  the  State  Board  of  Education, 


(a)  i.  The  State  Superintendent  having  been  given  authority  to 
hear  and  determine  certain  matters,  his  determ  nation  thereupon  has 
the  conclusive  quality  of  a  judgment  pronounced  in  a  legally  created 
court  of  limited  jurisdiction  acting  within  the  bounds  of  its  authority. 
Thompson  v.  Board   of  Education,  28   Vr.  628. 

2.  There  :s  no  distinction  in  point  of  conclusiveness  between  the 
decisions  of  special  tribunals  and  the  judgments  of  courts  of  record. 
The  difference  is  solely  in  the  presumption  of  jurisdiction.     Ibid. 

3.  The  court  may,  in  the  exercise  of  its  discretion,  refuse  to  inter- 
pose by  mandamus  in  a  controversy  cognizable  by  the  special  tribunals 
created  by  the  school  laws  of  this  State,  where  an  anneal  to  such 
tribunals  has  not  been  made.  Jefferson  v.  Board  of  Education,  35  Vr. 
59.  See  Buren  v.  Albertson,  25  Vr.  72  ;  Stockton  v.  Board  of  Edu- 
cation, 43  Vr.  80. 

4.  Special  tribunals  created  by  the  statute  have  exclusive  jurisdic- 
tion over  all  controversies  arising  under  such  statute,  and  an  action 
at  law  cannot  be  maintained  by  a  public  school  teacher  for  the  pur- 
pose of  contesting  the  legality  of  the  action  of  a  local  school  board 
in  dismissing  him  before  the  term  of  service  provided  in  his  contract 
of  employment  has  expired.  Draper  v.  Commissioners  of  Public  In- 
struction, 27  Vr.  54.  The  State  Superintendent  of  Public  Instruction 
is  authorized  by  law  to  decide  disputes  and  controversies  as  to  the 
election  of  members  of  the  Board  of  Education  of  certa  n  municipal- 
ities.    Du  Four  v.  State  Superintendent,  43    Vr.   371. 

5.  Certiorari  is  not  the  appropriate  proceeding  to  determine  the  title 
to  an  office.     Ibid. 

6.  The  court  will  not  review  by  certiorari  the  action  of  a  local  board 
of  education  under  the  School  Law  until  redress  has  first  been  sought 
in  the  special  tribunals  provided  by  the  act.  Board  of  Education  of 
Flemington  v.  State  Board  of  Education,  52   Vr.  211. 

7.  Section  10  of  the  School  Law  requ  ring  the  Commissioner  of 
Education  to  dec  de  disputes  under  the  school  law  and  making  his 
decision  binding  until  a  decision  is  rendered,  upon  appeal,  by  the 
State  Board  of  Education,  is  not  unconstitutional  as  preventing  a 
resort  to  quo  warranto  to  test  the  right  to  office  of  a  member  of  a 
townsh  p  board  of  education,  since  it  does  not  prevent  resort  to  that 
remedy  but  only  postpones  it  until  after  appeal  is  made  to  the  State 
Board.     Burleiv  v.  Bozvne,  87  At.  Rep.  702. 

8.  See  foot-notes  to  sections  95,  121  and  149. 


SCHOOL  LAW. 


15 


a  suitable  person  to  fill  such  vacancy,  and  the  person  so 
appointed  shall  hold  office  until  his  successor  shall  be 
appointed  by  the  State  Board  of  Education. 

18.  (13)  Ifl  case  a  County  Superintendent  of  Schools 
shall  neglect  or  refuse  to  perform  any  duty  imposed  upon 
him  by  this  act  or  by  the  rules  and  regulations  of  the  State 
Board  of  Education,  the  Commissioner  of  Education  shall, 
subject  to  appeal  to  the  State  Board  of  Education,  with- 
hold from  such  County  Superintendent  of  Schools  the 
order  for  his  salary  until  he  shall  have  fully  complied 
with  the  provisions  of  this  act  and  with  the  rules  and 
regulations  of  the  State  Board  of  Education  relating  to 
his  duties 

19.  (14.)  In  case  a  board  of  education,  or  any  officer 
thereof,  or  the  legal  voters  of  any  school  district,  or  any 
board  or  officer  of  the  municipality  in  which  any  such 
school  district  shall  be  situate  shall  neglect  or  refuse  to 
perform  any  duty  imposed  upon  such  board,  officer  or 
legal  voters  by  this  act  or  by  the  rules  and  regulations  of 
the  State  Board  of  Education,  the  custodian  of  the  school 
moneys  of  such  school  district  shall,  upon  notice  from 
the  County  Superintendent  of  Schools,  approved  by  the 
Commissioner  of  Education,  withhold  all  moneys  received 
by  him  from  the  County  Collector  and  then  remaining  in 
his  hands  to  the  credit  of  such  district,  until  he  shall 
receive  notice  from  said  County  Superintendent  of  Schools 
that  said  board,  officer  or  legal  voters  have  fully  complied 
with  the  provisions  of  this  act  and  with  the  rules  and 
regulations  of  the  State  Board  of  Education. 

20.  (i5-)  In  case  a  teacher  shall  neglect  or  refuse  to 
perform  any  duty  imposed  upon  him  or  her  by  this  act 
or  by  the  rules  and  regulations  of  the  State  Board  of 
Education,  the  Commissioner  of  Education  shall  direct 
the  custodian  of  the  school  moneys  of  the  school  district 
in  which  such  teacher  shall  be  employed,  to  withhold  from 
such  teacher  all  salary  due  to  him  or  her  until  he  receives 
notice  from  said  Commissioner  of  Education  that  such 
teacher  has  fully  complied  with  the  provisions  of  this  act 
and  the  rules  and  regulations  of  the  State  Board  of  Edu- 
cation relating  to  his  or  her  duties. 


Withhold 
salary    from 
county  super- 
intendent. 
Ibid. 


State    school 
moneys  with- 
held   for   non- 
performance 
of    duty. 
Ibid. 


Withhold 
salary    from 
teacher. 
Ibid. 


i6 


SCHOOL  LAW. 


Apportion- 
ment   of 
school 
moneys. 
Ibid. 


Report*    of 
private 
schools. 
Ibid. 


Proviso 


Proviso. 


Furnish 
blanks    to 
school 
officers. 
Ibid. 


Annual 
report. 
Ibid. 


21.  (16.)  The  Commissioner  of  Education  shall  equi- 
tably apportion  to  the  several  counties  the  amount  appro- 
priated for  the  support  of  public  schools  from  the  State 
School  Fund  on  the  basis  of  the  aggregate  number  of  days 
attendance  of  all  pupils  attending  the  public  schools  dur- 
ing the  year  preceding  that  for  which  said  apportionment 
shall  be  made,  and  shall  furnish  to  the  State  Comptroller 
and  to  the  several  County  Superintendents  of  Schools  and 
County  Collectors  an  abstract  of  such  apportionment,  and 
of  the  apportionment  of  the  moneys  due  to  the  several 
counties  from  the  State  school  tax  and  from  the  reserve 
fund,  and  shall  draw  his  orders  on  the  State  Comptroller 
and  in  favor  of  the  County  Collector  of  each  county  for 
the  amount  to  which  such  county  shall  be  entitled. 

22.  07-)  The  superintendent  or  manager  of  each' edu- 
cational institution  receiving  support  or  aid  from  the  State, 
and  the  president,  manager  or  principal  of  each  seminary, 
academy  or  private  school  shall  report  to  the  Commis- 
sioner of  Education  annually,  on  or  before  the  first  day 
of  August,  such  statistics  relating  to  such  institution, 
seminary,  academy  or  school  as  said  Commissioner  of 
Education  may  require,  and  in  the  manner  and  form  pre- 
scribed by  him ;  provided,  that  no  report  concerning  the 
expenses  or  finances  of  such  seminary,  academy  or  private 
school  shall  be  required ;  and  provided  further,  that  no 
report  of  any  seminary,  academy  or  private  school  shall  be 
published  or  made  public  by  the  Commissioner  of  Educa- 
tion. 

23.  (18.)  The  Commissioner  of  Education  shall  pre- 
pare and  cause  to  be  printed  forms  for  making  all  re- 
ports and  conducting  all  proceedings  under  the  school 
laws  of  this  State.  He  shall  cause  all  school  laws  to  be 
printed  in  pamphlet  form,  and  shall  annex  thereto  forms 
for  making  reports  and  conducting  school  business,  and 
shall  distribute  the  same. 

24.  (i9-)  The  Commissioner  of  Education  shall  pre- 
sent to  the  State  Board  of  Education  annually,  at  its  meet- 
ing in  December,  a  report  of  the  condition  of  the  public 
schools  and  of  all  the  educational  institutions  receiving 
support  or  aid  from  the  State.     Such  report  shall  contain 


SCHOOL  LAW. 


17 


full  statistical  tables  of  all  items  connected  with  the  cause 
of  education  that  may  be  of  interest  to  school  officers  or 
the  people  of  the  State,  together  with  such  suggestions 
and  recommendations  for  the  improvement  of  the  schools 
and  the  advancement  of  public  instruction  as  he  shall 
deem  expedient. 

25.  (20.)  The  Commissioner  of  Education  and  the 
assistant  Commissioners  (a)  shall,  without  charge,  admin- 
ister oaths  and  take  affidavits  concerning  any  matter  re- 
lating to  the  schools. 

26.  (21.)  The  Commissioner  of  Education  shall,  at  the    noitver  seal, 
expiration  of  his  term  of  office,  deliver  to  his  successor    to  successor! 
his   official    seal,   together   with   all   the   property,   books, 
documents,  maps,  records,  reports  and  other  papers  be- 
longing to  his  office. 


Oaths    and 

affidavits. 

Ibid. 


Article  III. 


COUNTY    SUPERINTENDENTS. 

27.  (22.)  The  Commissioner  of  Education  shall  by  and  Appointment 
with  the  advice  and  consent  of  the  State  Board  of  Edu-  perfntendents. 
cation,  appoint  for  each  county  a  suitable  person  to  be  the  chap.'  353.' 
county  superintendent  of  schools  of  the  county  who  shall 

hold  office  for  the  term  of  three  years  from  the  date  of 
his  appointment  and  until  his  successor  shall  have  been  ap- 
pointed as  aforesaid,  unless  sooner  removed  for  cause. 
Each  county  superintendent  hereafter  appointed  shall  de- 
vote his  entire  time  to  the  duties  of  his  office.  No  person 
shall  be  appointed  as  county  superintendent  of  schools  un- 
less he  shall  hold  the  highest  teacher's  certificate  issued  in 
this  State  and  shall  have  been  a  rcident  of  the  State  for  at 
least  three  years  immediately  preceding  his  appoint- 
ment,  (b) 

28.  (23.)  The  yearly  salary  of  a  county  superintendent 
of  schools  shall  be  three  thousand  dollars.  Such  salary 
shall  be  paid  in  equal  monthly  installments,  and  the  State 
Comptroller  shall,  on  the  order  of  the  Commissioner  of 


Salary    of 
county    super- 
intendents. 
P.    L.    1914, 
Chap.    231 


(a)  See  section  9. 

(b)  See  sections   17,   18. 


i8 


SCHOOL  LAW. 


Expenses 
paid. 
Special 
session,    1903. 


Proviso. 


Proviso. 


Powers   of 
county  super- 
intendent. 
Ibid. 

Take 
affidavits. 


Issue  ordern 
for  school 
moneys. 


Supervise 
schools. 


Education,  draw  his  warrant  for  such  salary  on  the  State 
Treasurer  in  favor  of  such  county  superintendent  of 
schools. 

29.  (24.)  A  County  Superintendent  of  Schools  shall 
receive,  in  addition  to  his  salary,  the  actual  expenses  in- 
curred by  him  in  the  performance  of  his  official  duties, 
which  expenses  shall  be  paid  by  the  collector  of  the  county 
on  the  order  of  the  Commissioner  of  Education ;  provided, 
that  no  such  order  shall  be  drawn  in  favor  of  any  County 
Superintendent  of  Schools  until  he  shall  have  furnished  to 
the  State  Board  of  Education  an  itemized  statement,  cer- 
tified under  oath  or  affirmation,  of  the  expenses  he  has 
incurred,  nor  unless  he  shall  have,  during  the  period  in 
which  such  expenses  have  been  incurred,  faithfully  per- 
formed all  the  duties  imposed  upon  him  by  this  act  and 
by  the  rules  and  regulations  of  the  State  Board  of  Edu- 
cation ;  and  provided  further,  that  in  no  case  shall  the 
expenses  aforesaid  exceed  three  hundred  and  fifty  dollars 
annually.  Payment  of  such  expenses  shall  be  made 
quarter-yearly. 

30.  (25.)  A  County  Superintendent  of  Schools  shall 
have  power: 

I.  To  administer,  without  charge,  oaths  or  affirmations 
to  teachers  and  school  officers. 

II.  To  issue  orders  on  the  County  Collector  in  favor 
of  the  custodian  of  the  school  moneys  of  the  several  school 
districts  in  said  county  for  that  portion  of  the  State  school 
tax,  the  State  appropriation,  and  the  interest  of  the  sur- 
plus revenue  to  which  each  of  said  school  districts  shall 
be  entitled. 

III.  To  exercise  general  supervision  over  the  public 
schools  of  the  county  under  his  charge  in  accordance  with 
the  rules  and  regulations  prescribed  from  time  to  time 
by  the  State  Board  of  Education;  to  visit  and  examine 
all  the  schools  under  his  care;  to  inquire  into  the  man- 
agement, methods  of  instruction  and  discipline  in  such 
schools ;  to  note  the  condition  of  the  schoolhouses,  sites, 
buildings  and  appurtenances ;  to  examine  the  courses  of 
study,  text-books  and  school  libraries;  to  advise  with  and 
counsel  boards  of  education  in  relation  to  their  duties, 


SCHOOL  LAW. 


19 


particularly  in  respect  to  the  construction,  heating,  ven- 
tilating and  lighting  of  schoolhouses,  and  to  recommend 
to  boards  of  education  and  teachers  proper  studies, 
methods,  discipline  and  management  for  the  schools. 

IV.  To  appoinl  members  of  the  board  of  education  for 
a  new  township,  incorporated  town  or  borough  school 
district  and  for  any  school  district  under  his  supervision 
which  shall  fail  to  elect  members  at  the  regular  time.  Such 
appointees  shall  serve  only  until  the  next  election  in  the 
district  for  members  of  the  board  of  education,  (a) 

31.  (26.)  Each  County  Superintendent  of  Schools  shall 
render  annually,  on  or  before  the  first  of  September,  to 
the  Commissioner  of  Education,  in  the  manner  and  form 
prescribed  by  him,  a  report  of  such  matters  relating  to 
the  schools  under  his  supervision  as  shall  be  required  by 
said  Commissioner  of  Education. 

32.  (27-)  The  superintendents,  district  clerks  and  the 
custodians  of  school  moneys  of  the  several  school  districts 
shall  annually,  on  or  before  the  first  day  of  August,  re- 
port to  the  County  Superintendent  of  Schools,  in  the 
manner  and  form  prescribed  by  the  Commissioner  of  Edu- 
cation. 

33.  (28.)  Whenever  a  superintendent  of  schools  shall 
be  appointed  in  any  city  school  district,  the  supervision  of 
the  schools  of  such  district  shall  devolve  upon  such  super- 
intendent and  not  upon  the  County  Superintendent  of 
Schools. 

34.  (1.)  The  Board  of  Chosen  Freeholders  of  each 
county  of  this  State  shall  provide  an  office  of  suitably 
furnished  rooms  at  the  county  seat  for  the  use  of  the 
County  Superintendent  of  Schools,  in  which  office  shall 
be  kept  the  school  records  of  the  county  for  the  use  of 
the  county  and  State  Departments  of  Public  Instruction, 
the  United  States  Bureau  of  Education  and  the  United 
States  Commissioner  of  Education,  said  office  to  be  kept 
open  to  the  public  the  same  as  other  county  offices. 


Appoint 
members    of 
board    of 
education  In 
certain  cases. 


Annual 
report. 
Ibid. 


Reports   of 
local   officers. 
Ibid. 


Supervision 
of    city 
schools. 
Ibid. 


Office   for 
county  super- 
intendent. 
P.    L.    1911, 
Chap.    232. 


(a)  For  other  powers  see  sections  40,  44,  97,  div.  VII,  98,  102,  104, 
116,  120,  123,  140,  141.  142,  152,  158,  165,  167,  183,  219,  222,  223, 
224,  259,  260,  286,  315  and  331. 


20 


SCHOOL  LAW. 


Clerk    for 
county    super- 
intendent. 
Ibid. 


35.  (2.)  A  sum  not  exceeding  six  hundred  dollars  shall 
be  appropriated  annually  by  said  Board  of  Chosen  Free- 
holders and  paid  quarter-yearly  to  the  County  Superin- 
tendent of  Schools  toward  the  expenses  incurred  for  a 
clerical  assistant  in  said  office.  The  clerical  assistant  shall 
be  selected  and  appointed  by  the  County  Superintendent. 


Article  IV. 


BOARD   OF    EXAMINERS. 


State   Board 
of  Examiners. 
P.    L.    1913, 
Cbap.    251. 


County     ex- 
aminers. 
P.    L.    1906, 
p.    681. 


Qualifica- 
tions. 


Vacancies. 
Duties. 


36.  (29.)  There  shall  be  a  State  Board  of  Examiners, 
consisting  of  the  Commissioner  of  Education,  the  prin- 
cipals of  the  State  Normal  Schools,  a  county  superinten- 
dent of  schools  and  a  city  superintendent  of  schools.  Said 
county  superintendent  of  schools  and  said  city  superin- 
tendent of  schools  shall  be  appointed  by  the  State  Board 
of  Education.  The  county  and  city  superintendents  so 
appointed  shall  hold  office  for  one  year  from  date  of  their 
respective  appointments  as  aforesaid.  Each  of  the  persons 
so  appointed  shall  receive  for  his  services,  in  addition  to 
traveling  expenses,  such  compensation  as  may  be  fixed  by 
the  State  Board  of  Education,  not  to  exceed  ten  dollars 
for  each  meeting  of  said  board  of  examiners.  Said  board 
shall  nold  examinations  of  teachers,  grant  State  certifi- 
cates :o  teach  and  revoke  the  same  under  rules  and  regu- 
lations prescribed  by  the  State  Board  of  Education. 

37.  (30.)  There  may  be  in  each  county  a  County  Board 
of  Examiners  consisting  of  the  County  Superintendent  of 
Schools,  who  shall  be  its  chairman,  and  a  number  of 
teachers  not  to  exceed  three,  to  be  appointed  by  him,  who 
shall  hold  office  for  one  year  from  the  date  of  their  re- 
spective appointments.  No  person  shall  be  appointed  as 
a  county  examiner  unless  he  or  she  shall  hold  either  a 
state  or  a  first-grade  county  certificate.  The  County 
Superintendent  of  Schools  shall  fill  vacancies  that  shall 
occur  from  absence  or  other  cause.  Said  County  Board 
of  Examiners  shall  conduct  examinations  and  grant  cer- 
tificates to  teach  at  such  times  and  under  such  rules  and 
regulations  as  the  State  Board  of  Education  may  prescribe. 


SCHOOL  LAW. 


21 


City    boards 
of  examiners. 
P.    L.     1912, 
Chap.  364. 


It  shall  meet  at  such  places  as  may  be  designated  by  the 
chairman.  Each  member  of  said  board  of  examiners,  ex-  S°™pol"a" 
cept  the  County  Superintendent  of  Schools,  shall  receive 
for  his  or  her  services,  in  addition  to  traveling  expenses, 
such  compensation  as  may  be  fixed  by  the  State  Board 
of  Education,  not  to  exceed  twenty-five  dollars  for  each 
regular  examination,  which  compensation  shall  be  paid  by 
the  County  Collector  on  the  order  of  the  County  Super- 
intendent of  Schools;  provided,  that  whenever  said  board  Proviso, 
shall  hold  a  special  examination  no  compensation  therefor 
shall  be  paid  by  the  County  Collector,  but  in  such  case 
said  board  may  charge  each  applicant  for  examination  a 
fee  not  to  exceed  two  dollars  as  compensation  for  services 
for  such  examination. 

38.  (31.)  In  each  city  school  district  there  may  be  a 
board  of  examiners  consisting  of  the  superintendent  of 
schools  of  such  district,  if  there  be  one,  and  such  persons 
as  the  board  of  education  of  the  school  district  shall  ap- 
point. No  person  shall  be  appointed  as  such  examiner 
unless  he  or  she  shall  hold  either  a  State  certificate  or  the 
highest  grade  certificate  issued  in  said  district,  or  shall 
be  a  graduate  of  a  college  or  university.  Said  board  of 
examiners  shall,  under  such  rules  and  regulations  as  the 
State  Board  of  Education  shall  prescribe,  grant  certifi- 
cates to  teach  which  shall  be  valid  for  all  schools  of  such 
school  district.  No  teacher  shall  be  employed  in  any  of 
the  schools  of  such  district  unless  he  or  she  shall  possess 
such  certificate  or  a  State  or  county  certificate;  provided,  proviso 
that  nothing  herein  contained  shall  be  construed  to  pre- 
vent the  board  of  education  of  such  school  district  from 
prescribing  and  requiring  other  and  further  qualifications 
to  teach  than  shall  have  been  prescribed  by  the  rules  and 
regulations  of  the  State  Board  of  Education  as  afore- 
said; provided  further,  that  if  any  such  school  district  Proviso, 
shall  maintain  a  normal  school  or  a  training  school  for 
teachers,  which  school  shall  have  been  approved  as  to 
its  course  of  study  by  the  State  Board  of  Education,  then 
the  diplomas  or  certificates  issued  to  pupils  of  any  such 
school  upon   graduation  therefrom   may  be   accepted  by 


22 


SCHOOL  LAW. 


the  board  of  education  of  said  school  district  as  certifi- 
cates to  teach  valid  for  the  schools  of  such  school  district. 

Article  V. 

SCHOOL  DISTRICTS. 


School    dis- 
tricts,  how 
constituted. 
P.    L.    1903, 
special 
session. 


New    districts, 
Ibid. 


Custodian 
to    certify 
balance    of 
money. 


Division    of 
balance. 


39.  (32-)  Each  township,  city,  incorporated  town  and 
borough  shall  be  a  separate  school  district,  but  each  incor- 
porated village  shall  remain  and  be  a  part  of  the  school 
district  in  which  said  incorporated  village  shall  be  situate 
at  the  time  of  its  incorporation. 

40.  (33-)  Whenever  a  new  school  district  shall  be 
created,  the  children  residing  in  said  new  district  shall 
continue  to  attend  the  schools  in  which  they  shall  be  en- 
rolled until  the  end  of  the  then  current  school  year.  In 
case  there  shall  be  a  schoolhouse  in  such  new  district  in 
which  school  shall  be  then  maintained  the  board  of  edu- 
cation of  the  school  district  from  which  such  new  district 
shall  have  been  set  off  shall  have  charge  and  control  of 
such  school  until  the  end  of  the  then  current  school  year, 
and  shall  pay  the  salaries  of  the  teachers,  janitors  and 
other  persons  employed  in  such  school  until  the  end  of 
said  year.  In  case  there  shall  be  any  balance  at  the  end 
of  said  school  year  in  the  hands  of  the  custodian  of  the 
school  moneys  of  the  school  district  to  the  credit  of  the 
school  district  from  which  said  new  district  shall  have 
been  set  off,  said  custodian  shall  certify  to  the  County 
Superintendent  of  Schools  the  amount  of  such  balance, 
and  what  portion  of  such  balance  was  received  from  state 
appropriation,  state  school  tax  and  interest  of  the  surplus 
revenue,  and  what  portion  was  received  from  district 
school  tax.  Said  County  Superintendent  of  Schools,  upon 
receipt  of  such  notice,  shall  divide  between  said  districts 
that  portion  of  the  balance  arising  from  the  state  appro- 
priation, state  school  tax  and  interest  of  the  surplus  reve- 
nue on  the  basis  of  the  aggregate  number  of  days  attend- 
ance of  pupils  in  the  public  schools  as  ascertained  from  the 
last  published  report  of  the  Commissioner  of  Education, 
and  shall  divide  between  said  districts  that  portion  of  said 


SCHOOL  LAW. 


23 


balance  arising  from  district  school  tax  on  the  basis  of 
the  respective  ratables  of  said  districts,  and  shall  issue  an 
order  in  favor  of  the  custodian  of  the  school  moneys  of 
such  new  district  for  that  portion  of  said  balance  found 
to  be  due  said  district  from  the  district  from  which  it 
shall  have  been  set  off. 

41.  (34.)  In  any  new  school  district  the  board  of  edu- 
cation, in  its  corporate  capacity,  shall  become  vested  with 
the  title  to  all  school  property,  real  and  personal,  in  such 
district,  and  if,  for  the  erection,  repair  or  purchase  of  any 
such  property,  there  shall  be  an  indebtedness  for  which 
the  board  of  education  of  the  school  district  to  which 
said  property  originally  belonged  shall  be  liable,  the  said 
indebtedness  shall  be  assumed  by  and  become  the  obliga- 
tion of  the  board  of  education  of  the  school  district  which 
shall  have  become  vested  with  the  title  to  such  property, 
and  upon  payment  of  said  indebtedness  by  the  school  dis- 
trict originally  liable  therefor,  an  action  may  be  maintained 
therefor  by  the  board  of  education  so  paying  the  said 
indebtedness  against  the  board  of  education  of  the  school 
district  which  shall  have  become  vested  with  the  property 
for  which  the  said  indebtedness  was  originally  in- 
curred, (a) 

42.  (35-)  In  case  any  municipality  or  any  part  there- 
of shall  have  been  annexed  to  another  municipality  and 
there  shall  be  within  the  limits  of  such  municipality,  or 
such  part  thereof  as  shall  have  been  annexed  to  another 
municipality  as  aforesaid,  any  schoolhouse  or  property 
formerly  belonging  to  the  board  of  education  of  the  school 
district  situate  in  such  municipality,  and  for  the  erection, 


Titles    to 
school 
property. 
Ibid. 


Obligations 
assumed    by 
new  district. 


Assumption 
of   indebted- 
ness. 
Ibid. 


(a)  1.  When  a  new  borough  is  formed  and  set  off  from  a  township 
and  becomes  a  separate  school  district,  and  there  is  within  the  limits 
of  the  borough  a  schoolhouse  belong  ng  to  the  board  of  education  of 
the  township,  and  for  the  erection  of  which  there  is  an  indebtedness 
for  which  said  board  is  liable,  the  said  board  is  not  thereby  discharged 
from  its  legal  liability  to  pay  such  indebtedness,  but  on  being  com- 
pelled by  suit  and  judgment  at  law  to  pay  the  same  is  entitled  to 
collect  the  sum  so  paid  from  the  board  of  education  of  the  borough. 
McCully  v.  Board  of  Education,  34  Vr.  18;  Wooley  v.  Hcndrickson, 
44   Vr.   14. 

2.  Section  34  of  the  School  Law  does  not  impose  upon  a  new  school 
district  erected  out  of  a  port'on  of  the  territory  of  an  existing  school 
district,  the  obligation  of  a  contract  with  a  teacher.  Board  of  Edu- 
cation of  Flemington  v.  State  Board  of  Education,  52  Vr.  211. 

3.  See  foot-note  to  section  117. 


24 


SCHOOL  LAW. 


Rppayment. 
Ibid. 


Length    of 
school    term. 
Ibid. 


Proviso. 
Proviso. 


purchase,  furnishing  or  repair  of  which  there  shall  be  an 
indebtedness  for  which  the  board  of  education  of  such 
school  district  shall  be  liable,  the  said  indebtedness  shall 
be  assumed  by  and  become  the  obligation  of  the  board  of 
education  of  the  school  district  situate  in  the  municipality 
to  which  such  municipality  shall  have  been  annexed. 

43.  (36.)  Whenever  the  board  of  education  of  a  school 
district  situate  in  any  municipality  shall  pay  any  portion 
of  an  indebtedness  existing  at  the  time  of  the  formation 
of  a  new  municipality,  or  at  the  time  of  the  annexation  of 
such  municipality,  or  part  thereof,  to  another  municipal- 
ity as  aforesaid,  which  indebtedness  shall  have  been  as- 
sumed by  and  shall  have  become  the  obligation  of  the 
board  of  education  of  the  school  district  situate  in  such 
new  municipality,  said  last-mentioned  board  shall  repay 
to  the  board  of  education  of  said  first-mentioned  school 
district  the  amount  of  said  payment,  with  interest. 

44.  (37.)  The  State  appropriation  and  the  State  school 
tax  shall  not  be  apportioned  in  any  year  to  any  district 
which  shall  not  have  maintained  a  public  school  for  at 
least  nine  months  during  the  preceding  school  year; 
provided,  that  the  Commissioner  of  Education  may,  for 
good  cause  shown,  remit  said  penalty ;  and  provided  fur- 
ther, that  said  appropriation  and  said  State  school  tax 
shall  be  apportioned  to  a  new  district,  or  to  a  district  in 
which  the  school  shall  have  been  discontinued  on  account 
of  the  repairing  of  an  old  or  the  erection  of  a  new  school 
building. 


Article  VI. 


CITY    SCHOOL   DISTRICTS. 


Members   of 
board    of 
education 
appointed 
by    mayor. 
P.    L.    1M2, 
Chap.    370. 


45.  (i-)  In  every  city  school  district  except  where  the 
provisions  of  article  seven  of  the  act  to  which  this  is  a  sup- 
plement have  been  or  shall  hereafter  be  accepted  as  per- 
mitted by  section  two  hundred  and  forty-four  of  said  act 
(a)  and  in  every  township,  incorporated  town  or  borough 
school  district  in  which   the  provisions  of  article  six  of 


(a)   The  number  of  the  section  refers  to  that  in  (     ). 


SCHOOL  LAW. 


25 


said  act  have  been  or  shall  hereafter  be  accepted,  as  per- 
mitted by  section  two  hundred  and  forty-three  (a)  of  said 
act,  the  board  of  education  shall  be  appointed  by  the 
mayor  or  other  chief  executive  officer.  Said  board  shall 
consist  of  five  members,  except  where  the  last  State  or 
Federal  census,  at  any  time  of  appointment  as  herein- 
after provided,  shall  show  a  population  of  forty-five 
thousand  inhabitants  or  upward  in  such  school  district  in 
which  case  the  board  shall  consist  of  nine  members.  Ap- 
pointments shall  be  made  between  the  second  and  fifteenth 
days  of  January  in  each  year  and  terms  of  office  shall 
begin  on  the  first  day  of  February  thereafter.  In  the  case 
of  boards  of  education  consisting  of  five  members,  one 
member  shall  be  appointed  each  year  for  a  term  of  five 
years  and  until  the  appointment  and  qualification  of  a 
successor;  and  in  the  case  of  boards  consisting  of  nine 
members,  three  members  shall  be  appointed  each  year  for 
terms  of  three  years  and  until  the  appointment  and  quali- 
fication of  successors;  provided,  that  every  member  of  a 
board  of  education  in  a  school  district  affected  by  this 
supplement  shall  continue  to  serve  during  his  term  of 
office  and  thereafter  until  the  first  day  of  February  then 
next  ensuing;  and  provided  further,  that  first  appointment 
under  this  supplement  may  be  for  less  than  full  terms  if 
necessary;  it  being  the  intention  to  provide  hereby  that 
when  this  supplement  shall  take  effect  in  a  school  district 
there  shall  be  an  immediate  increase,  if  necessary,  to  five 
members  or  to  nine  members,  according  to  the  population 
of  the  school  district,  as  above  provided,  and  the  gradual 
reduction  to  the  prescribed  membership  as  terms  expire, 
if  in  any  case  the  existing  membership  shall  be  in  excess 
thereof,  and  that  eventually  in  cases  of  boards  of  educa- 
tion consisting  of  five  members,  one  shall  go  out  of  office 
each  year,  and  in  cases  boards  of  education  consisting  of 
nine  members,  three  shall  go  out  of  office  each  year.  Any 
vacancy  in  such  board  of  education  shall  be  forthwith  re- 
ported by  the  secretary  of  said  board  to  the  mayor  or 
other  chief  executive  officer,  who  shall,  within  thirty  days 


Board    In    dis- 
tricts   with 
population 
of   less   than 
4R.000    to 
have   five 
members;    or 
4.">,<K)0   or   over 
nine    members. 

Appointed  In 
January; 
take    »fflce 
February   1st. 
Term     of 
office. 


Proviso. 


Proviso, 


Vacancy; 
how  filled. 


(a)   The  number  refers  to  that  in  (     ). 


26 


SCHOOL  LAW. 


Organiza- 
tion   of 
Board. 
Ibid. 


Old    boards 

abolished. 

Ibid. 


Member's 
qualifications. 
P.    L.    1903. 
special 
session. 


Oatb. 
Ibid. 


thereafter,  appoint  a  person  to  fill  such  vacancy  for  the 
unexpired  term.  To  every  such  appointee  said  mayor  or 
other  chief  executive  officer  shall  issue  and  deliver  a  cer- 
tificate of  appointment.  In  any  township  school  district 
affected  by  this  supplement  the  chairman  of  the  township 
committee  shall  for  the  purposes  named  in  this  section  be 
deemed  and  taken  to  be  the  chief  executive  officer,  (a) 

46.  i2-)  On  the  first  day  of  February  in  each  year,  or 
on  the  following  day  if  that  be  a  Sunday,  every  board  of 
education  constituted  by  this  supplement  shall  organize  by 
electing  one  of  its  members  as  president  and  another  as 
vice-president,  which  officers  shall  serve  for  one  year  and 
until  their  respective  successors  shall  be  elected. 

47.  (3.)  Upon  the  organization  of  a  board  of  education 
under  this  supplement,  any  board  of  education  or  other 
body  in  the  school  district  affected  theretofore  having 
charge  of  the  public  schools  in  such  school  district  or 
having  custody,  charge  or  management  of  any  fund  or 
property  used  for  or  in  the  maintaining  of  public  schools 
in  such  school  district,  and  having  no  other  function,  shall 
be  ipso  facto  abolished. 

48.  (41-)  A  member  of  a  board  of  education  in  a  city 
school  district  shall  be  a  citizen  and  resident  of  the  terri- 
tory contained  in  said  school  district,  and  shall  have  been 
such  citizen  and  resident  for  at  least  three  years  imme- 
diately preceding  his  or  her  becoming  a  member  of  such 
board,  and  shall  be  able  to  read  and  write.  He  shall  not  be 
interested,  directly  or  indirectly,  in  any  contract  with  or 
claim  against  said  board. 

49.  (42.)  A  member  of  such  board  of  education  shall, 
before  entering  upon  the  duties  of  his  office,  take  and 
subscribe  an  oath  before  any  officer  authorized  by  law 
to  administer  oaths,  that  he  possesses  the  qualifications 
to  be  a  member  of  said  board  prescribed  therefor  by  this 
article,  and  that  he  will  faithfully  discharge  the  duties  of 
his  said  office.  Said  oath  shall  be  filed  with  the  city  clerk 
of  the  city,  (b) 


(a)  See  section  302. 

(b)  See  foot-note  to  section  06. 


SCHOOL  LAW. 


27 


50.  (43- )  A  member  of  such  board  of  education  who 
shall  fail  to  attend  three  consecutive  regular  meetings  of 
said  board  without  good  cause  may  be  removed  by  said 
board.  The  vacancy  thus  created  shall  be  filled  in  the 
same  manner  as  other  vacancies  in  the  board  of  education 
shall  be  filled. 

51.  (44-)  A  member  of  such  board  of  education  shall 
receive  no  compensation  for  his  services. 

52.  (45-)  A  board  of  education  in  a  city  school  dis- 
trict shall  be  a  body  corporate,  and  shall  be  known  as  and 

called  "the  Board  of  Education  of in  the 

county  of ,"  and  shall  adopt  an  official  seal,  (a) 

53.  (46.)  On  the  day  the  term  of  office  of  the  mem- 
bers first  appointed  or  elected  as  provided  in  section  thirty- 
eight  shall  begin,  and  annually  at  the  first  regular  meeting 
of  the  board  of  education  on  or  after  the  first  day  of 
January,  said  board  shall  organize  by  electing  one  of  its 
members  as  president  and  another  as  vice-president,  which 
officers  shall  serve  for  one  year  and  until  their  respective 
successors  shall  be  elected. 

54.  (47-)  Such  board  shall,  in  and  by  its  corporate 
name,  sue  and  be  sued,  purchase,  lease,  receive,  hold  and 
sell  property,  real  and  personal,  take  and  condemn  land 
and  other  property  for  school  purposes  in  the  manner 
provided  by  law  regulating  the  ascertainment  and  pay- 
ment of  compensation  for  property  condemned  or  taken 
for  public  use.  If  either  party  shall  feel  aggrieved  by 
any  proceedings  and  award  thereunder,  said  party  may 
appeal  in  the  manner  provided  by  law  for  appeals  from 
such  proceedings  and  award.  It  shall  do  all  acts  and 
things  necessary  for  the  lawful  and  proper  conduct  and 
maintenance  of  the  public  schools  of  its  school  district. 

55.  (48-)  Such  boards  shall  succeed  to  and  be  vested 
with  all  the  property  of  every  kind,  and  all  the  rights  and 
privileges,  not  inconsistent  with  the  provisions  of  this 
act,  theretofore  vested  in  or  possessed  by  any  board  of 
education,  school  commissioners,  or  other  body  thereto- 
fore having  charge  and  control  of  the  public  schools  or 


Removal 
for    non- 
attendance. 
Ibid. 


No   compen- 
sation. 
Ibid. 

Body    cor- 
porate;   seal. 
Ibid. 


Organization 
of    board    of 
education. 
Ibid. 


May  sue, 
purchase,  etc. 
Ibid. 

Condemn 
land    for 
school 
purposes. 


School 
property 
vested    in 
board    of 
education. 
Ibid. 


(a)   See  sections  364  to   369. 


28 


SCHOOL  LAW. 


Title  to  school 
property    in 
board    of 
education. 
Ibid. 


Management 
of   schools. 
Ibid. 


Appoint    su- 
perintendent, 
secretary,    etc. 


Make    rules 
and    regula- 
tions. 
Ibid. 


Proposals    for 

supplies. 

Ibid. 


public  school  property  of  the  school  district  or  of  the  city 
in  which  said  district  shall  be  situate. 

56.  (49-)  The  title  to  school  property,  real  and  per- 
sonal, previously  acquired  by  said  school  district,  or  by 
any  antecedent  board  of  education,  school  commissioners, 
or  by  any  other  body  for  school  purposes  in  said  school 
district,  or  in  the  city  in  which  the  said  district  shall  be 
situate,  or  by  any  body  in  such  city,  and  the  title  to  all 
lands,  buildings  and  other  property  to  be  hereafter  ac- 
quired for  school  purposes  in  said  school  district  shall 
vest  in  the  board  of  education  in  said  district  incorporated 
under  the  provisions  of  this  article. 

57.  (50.)  Every  such  board  shall  have  the  supervision, 
control  and  management  of  the  public  schools  and  public 
school  property  in  its  district,  and  shall  keep  such  property 
insured.  It  shall  appoint  a  person  to  be  its  secretary,  and 
may  appoint  a  superintendent  of  schools,  a  business  man- 
ager and  other  officers,  agents  and  employes  as  may  be 
needed,  and  may  fix  their  compensation  and  terms  of  em- 
ployment, but  no  such  appointee,  officer,  agent  or  employe, 
other  than  the  secretary,  shall  be  a  member  of  said 
board,  (a) 

58.  (51.)  Such  board  shall  make,  amend  and  repeal 
rules,  regulations  and  by-laws  not  inconsistent  with  this 
act  or  with  the  rules  and  regulations  of  the  State  Board 
of  Education,  for  its  own  government,  for  the  transaction 
of  business,  and  for  the  government  and  management  of 
the  public  schools  and  the  public  school  property  in  said 
district,  and  also  for  the  employment  and  discharge  of 
principals  and  teachers,  (b) 

59.  (52.)  Such  board  of  education  shall,  prior  to  the 
beginning  of  each  school  year,  cause  advertisement  to  be 
made  under  such  regulations  as  it  may  provide,  for  pro- 
posals for  furnishing  supplies  required  in  the  schools  and 
by  said  board  during  the  ensuing  year.  If  other  and 
further  supplies  shall  be  required  during  the  year,  they 
shall  be  purchased  in  like  manner.     No  contract  shall  be 

(a)  See  sections  200,  278,  310.  311,  312,  31?,  314.  289,  388  and  412. 

(b)  See  articles  VII,  IX,  XII,  XIII,  XV,  XVIII,  XXII,  and 
XXIII,  and  sections  97,  div.  XI,  120,  121,  130,  132,  277,  279,  290, 
308  and  403. 


SCHOOL  LAW.  29 

entered  into  for  the  building  of  a  new  schoolhouse  or  for 
the  enlarging  or  repairing  of  a  schoolhouse  already  erected, 
except  after  advertisement  made  under  such   regulations 
as  said  board  may  prescribe ;  provided,  that  the  board  may    Provl80- 
at  any  time  order  repairs  to  school  buildings  to  an  amount 
not  exceeding  five  hundred  dollars,  and  may  authorize  the 
purchase  of  supplies  to  an  amount  not  exceeding  two  hun- 
dred and  fifty  dollars  without  advertisement.     Text-books    Exceptions, 
and  kindergarten  supplies  may  be  purchased  without  ad- 
vertisement, (a) 
60.  (S3-)  No  bid  for  building  or  repairing  schoolhouses   Ri<i9  and 

v^o  /  &  r  t>  contracts. 

or  for  supplies  shall  be  accepted  which  does  not  conform    iuw. 
to  the  specifications  furnished  therefor,  and  all  contracts 
shall  be  awarded  to  the  lowest  responsible  bidder,   (b) 

(a)  1.  The  Board  of  Education,  in  seeking  proposals  for  a  con- 
tract, may  lawfully  delegate  to  a  committee  of  its  body  the  duty  of 
preparing  and  submitting  the  specifications  for  such  purpose  and  of 
conducting  negotiations  for  the  contract ;  provided,  the  proposals  and 
the  result  of  the  negotiations  are  first  reported  to  and  considered  by 
the  board  before  final  action  in  awarding  the  contract.  Kraft  v. 
Board  of   Education,   38    Vr.   512. 

2.  When  a  public  board,  required  by  legislative  enactment  to  award 
a  bid  for  public  works  to  the  lowest  responsible  bidder  after  adver- 
tisement, allows  bidders  to  furnish  "full  and  complete  plans  and 
specifications  showing  the  method  of  construction"  to  be  approved  by 
the  board's  architect.  Held  that  all  bidders  were  not  made  acquainted 
with  the  specifications  in  the  r  entirety  by  this  method,  and  that  the 
opportunity  to  compete,  afforded  by  definite  specifications  to  all  bid- 
ders and  to  which  all  could  conform  was  not  given.  Kay  v.  Board  of 
Education,  54   Vr.   551. 

3.  A  public  board  charged  with  the  duty  of  obtaining  bids  for 
public  work,  after  advertisement,  and  of  awarding  a  contract  for  it  to 
the  lowest  responsible  bidder  will  not  have  discharged  its  duty  in 
that  regard,  where,  after  bids  have  been  received  ana  opened,  but 
before  final  act  on  taken,  upon  the  bids,  it  agrees  with  the  then  lowest 
bidder  to  diminish  the  amount  of  the  work  in  consideration  of  a  re- 
duction of  the  bid.     Ibid. 

4.  The  question  as  to  the  propriety  or  fitness  of  the  school  site 
proposed  has  been  committed  by  the  Legislature  to  the  board  of  edu- 
cation, and  they  are  respons  ble  to  their  constituents  for  an  abuse 
of  the  confidence  reposed  in  them.  Common  Council  of  Lambertville 
v.  Board  of  Education,  90  At.  Rept.   242. 

5.  See  sections  426  to  431. 

6.  See  foot-notes  to  sections  79  and  97  div.  IV. 

(b)  1.  The  provisions  of  this  section  compel  the  board  of  education 
to  award  the  contract  to  the  lowest  responsible  bidder.  The  board 
cannot  determ'ne  against  the  responsibility  of  a  bidder  without  giving 
him  notice  and  an  opportunity  to  be  heard.  Jacobson  v.  Board  of 
Education  of  Elisabeth,  64  At  I.  Rep.  609. 

2.  After  receiving  bids  it  is  not  within  the  power  of  a  board  of  edu- 
cation to  modify  the  specifications  by  om  ssions  and  changes  and 
award  a  contract  to  a  former  bidder,  although  the  lowest,  to  execute 
the  work  according  to  the  revised  specifications,  although  at  a  price 
less  than  the  original  bid.  Scola  v.  Board  of  Education  of  Montclair, 
48,  Vr.  73  ;  also  Schwitser  v.  Board  of  Education,  50  Vr.  342. 

3.  See  sections   154  and  159. 


3° 


SCHOOL  LAW. 


Annual 
report. 
Ibid. 


May    borrow 
money    on 
notes. 
Ibid. 


Secretary ; 
salary,    bond. 
Ibid. 


Secretary's 

power. 

Ibid. 


Secretary's 

duties. 

Ibid. 


Secretary 
to    collect 
moneys. 
Ibid. 


61.  (54-)  Such  board  of  education  shall,  as  soon  as 
practicable  after  the  close  of  each  school  year,  cause  to  be 
printed  and  published  a  report  of  the  condition  of  the 
public  schools  under  its  charge,  of  all  the  property  under 
its  control,  and  an  itemized  account  of  the  expenditures 
of  the  board  and  of  the  finances  of  the  district. 

62.  (55-)  Such  board  may,  after  the  first  day  of  July 
and  before  the  first  day  of  January,  borrow  a  sum  not 
exceeding  one-half  of  the  amount  appropriated  for  the 
current  expenses  of  the  schools  and  for  the  repair  of 
schoolhouses  under  its  control,  and  execute  and  deliver 
promissory  notes  therefor,  and  pay  the  amount  so  bor- 
rowed, together  with  interest  thereon,  at  a  rate  not  ex- 
ceeding six  per  centum  per  annum,  (a) 

63.  (56.)  A  secretary  shall  be  appointed  by  the  ma- 
jority vote  of  all  the  members  of  the  board  of  education; 
he  shall  be  paid  such  salary  as  said  board  shall  determine, 
and  may  be  removed  by  a  majority  vote  of  all  the  mem- 
bers of  said  board.  He  shall,  before  entering  upon  the 
duties  of  his  office,  execute  and  deliver  to  said  board  a 
bond  in  a  sum  to  be  fixed  by  said  board,  but  not  less  than 
two  thousand  dollars,  with  surety  or  sureties  to  be  ap- 
proved by  said  board  conditioned  for  the  faithful  per- 
formance of  the  duties  of  his  office.  Said  board  may 
accept  the  bond  or  undertaking  of  a  trust  company  or 
surety  or  indemnity  company,  and  may  pay  the  annual 
premium  or  fee  therefor  as  a  current  expense  of  said 
board. 

64.  (57-)  The  secretary  may  appoint  and  remove  clerks 
in  his  office,  but  the  number  and  salaries  of  such  clerks 
shall  be  determined  by  the  board  of  education. 

65.  (58.)  The  secretary  shall  record  the  proceedings 
of  the  board  and  of  its  committees,  and  shall  be  the  cus- 
todian of  all  securities,  documents,  title  papers,  books  of 
record  and  other  papers  belonging  to  the  board  under  such 
conditions  as  said  board  shall  prescribe. 

66.  (59-)  The  secretary  shall  collect  tuition  fees  and 
other    moneys    due    to    the    board    of    education,    except 


(a)   See  section  320. 


SCHOOL  LAW.  31 

moneys   apportioned   by   the   County    Superintendent    of 
Schools  or   appropriated  by  the   city,   and   shall   deposit 
with  the  custodian  of  the  school  moneys  of  the  district    Sc«on8. 
all  moneys  collected  by  him,  and  shall  render  monthly  to    Ibid- 
the  board  of  education  a  report  of  the  receipts  during  the 
preceding  month. 

Socrt*tiiry    to 

67.  (60.)   The  secretary  shall  be  the  general  account-    be  general 
ant  of  the  board  of  education,  and  shall  preserve  in  his   ?bw.un 
office  all  accounts,  vouchers  and  contracts  relating  to  the 

public  schools.  He  shall  examine  and  audit  all  accounts 
and  demands  against  said  board.  Every  such  account  or 
demand  exceeding  in  amount  the  sum  of  five  dollars,  ex- 
cept for  salaries,  shall  be  verified  bv  affidavit, 

*  '  Payment    of 

68.  (61.)    No   claim   or   demand   shall   be   audited   or    claims, 
paid  unless  it  shall  be  authorized  by  law  and  the  rules  of 

the  board  of  education  and  be  fully  itemized,  nor  unless 
the  amount  required  to  pay  the  same  shall  have  been 
theretofore  appropriated  by  said  board. 

69.  (62.)  All  disbursements  of  the  board  of  education    ™**™B*^0W 
shall  be  by  warrant  drawn  on  the  custodian  of  the  school    made, 
moneys  of  the  district,   signed  by  the  president  of   said 

board  and  countersigned  by  the  secretary.  All  warrants 
drawn  in  accordance  with  the  provisions  of  this  section, 
accompanied  by  itemized  statements  of  the  claims  or 
demands  that  have  been  drawn,  shall  be  forwarded  by 
said  secretary,  to  the  comptroller,  auditor  or  other  offi- 
cer, if  there  be  one,  authorized  by  law  to  audit  claims 
and  demands  against  the  municipality  in  which  such 
district  shall  be  situate.  Said  comptroller,  auditor  or 
other  officer  shall  be  the  auditor  of  the  school  district, 
and  shall  receive  such  compensation  therefor  as  the 
common  council  or  other  governing  body  of  said  munici- 
pality shall  determine,  and  the  bonds  given  by  such 
Comptroller,  auditor  or  other  officer  for  the  faithful  per- 
formance of  his  duty  to  such  municipality  shall  be  held 
to  cover  the  performance  of  his  duty  as  auditor  of  the 
school  district.  Such  auditor  shall  examine  and  audit  j^ned 
such  warrants  and  statements,  with  a  view  to  ascertain- 
ing whether  the  sum  or  sums  are  proper,  and  if  he  shall 
find  them  to  be  correct,  he  shall  countersign  said  war- 


32 


SCHOOL  LAW. 


If   auditor 
In    doubt. 


Monthly 
and   yearly 
reports. 
Ibid. 


rants  and  forward  them  to  the  city  treasurer,  who  by 
virtue  of  his  office  as  city  treasurer,  shall  be  the  cus- 
todian of  school  moneys  of  said  school  district,  (a)  Said 
auditor  shall,  whenever  he  shall  deem  it  to  be  for  the 
best  interests  of  the  school  district,  examine  under  oath 
any  person  presenting  a  bill  or  claim  against  said  school 
district,  and  also  examine  witnesses  and  investigate  by 
other  evidence  and  inquiry  all  the  facts  relating  to  said 
claim  which  in  his  opinion  are  necessary  to  establish  the 
accuracy  and  good  faith  of  said  claim,  and  to  ascertain 
the  school  district's  liability  therefor.  If  said  auditor 
shall  have  reason  to  believe  that  the  claim  or  demand 
for  which  any  such  warrant  shall  have  been  issued  is 
incorrect,  or  for  any  cause  should  not  be  paid,  he  shall 
return  such  warrant  and  statement  to  the  secretary  of 
the  board  of  education,  with  a  statement  of  the  reasons 
why  the  same  should  not  be  paid,  and  said  secretary 
shall  correct  such  warrant  and  statement,  or  present  them 
to  the  board  of  education  at  its  next  meeting.  If  said 
board  shall  find  that  the  claim  or  demand  for  which  said 
warrant  was  issued  is  correct  and  just  it  shall,  by  a  vote 
of  a  majority  of  all  the  members  of  said  board,  order 
that  it  be  paid,  and  said  auditor  shall,  upon  receipt  of  the 
warrant  and  statement  thereof,  together  with  a  statement 
of  the  action  of  the  board  of  education  thereon,  countersign 
the  warrant  and  forward  it  to  the  custodian  of  school 
moneys.  Said  auditor  shall,  whenever  he  shall  deem  ft 
necessary,  examine  all  books,  papers  and  vouchers  of  the 
board  of  education,  or  any  officer  thereof,  and  shall  have 
free  and  unrestrained  access  to  them  for  that  purpose. 

70.  (63.)  The  secretary  shall  report  monthly  to  the 
board  of  education  the  amount  for  which  warrants  shall 
have  been  drawn  during  the  preceding  month,  the  accounts 
against  which  said  warrants  shall  have  been  drawn  and 
the  balance  to  the  credit  of  each  account,  and  shall,  at 
the  close  of  the  fiscal  year,  make  a  full  itemized  report  of 
the  finances  of  the  school  district. 


(a)   See  article   XVIII. 


SCHOOL  LAW.  33 

71.  (64.)   Whenever  a  superintendent  of  schools  shall  5°feJ(ntend" 
be  appointed,  it  shall  be  by  a  majority  vote  of  all  of  the  g'^te" 
members  of  the  board  of  education.    He  shall  receive  such  Ibia- 
salary  as  said  board  shall  determine,  which  salary  shall 

not  be  reduced  during  his  employment.  He  may  be  re- 
moved by  a  majority  vote  of  all  the  members  of  said 
board.  He  shall  have  a  seat  in  said  board  and  the  right 
to  speak  on  all  educational  matters,  but  shall  not  have  the 
right  to  vote. 

72.  (65.)   The  board  of  education  may,  on  the  nomi-    Assistant 
nation  of  the  Superintendent  of  Schools,  appoint  assist-    trndi-nts. 
ant  superintendents  and  shall  fix  their  salaries.     Assistant 
superintendents  may   be   removed  by  a  majority  vote  of 

all  the  members  of  said  board. 

73.  (66.)     No    person    shall    hereafter    be    appointed    ?*J!J5?" 
superintendent    of    schools,    or    assistant    superintendent    [j^"11*8" 
under  the  provisions  of  this  article  unless  he  shall  hold  a 

State  teacher's  certificate. 

74.  (67.)  The  Superintendent  of  Schools  shall,  when  superin- 
required  by  the  Board  of  Education,  devote  himself  ex-  ibid.eD 
clusively  to  the  duties  of  his  office.  He  shall  have  gen- 
eral supervision  over  the  schools  of  the  district  and  shall 
examine  into  their  condition  and  progress  and  report 
thereon  from  time  to  time  as  directed  by  the  Board  of 
Education.    He  shall  have  such  other  powers  and  perform 

such  other  duties  as  may  be  prescribed  by  said  board. 
He  may  appoint  and  remove  clerks  in  his  office,  but  the 
number  and  salaries  of  such  clerks  shall  be  determined 
by  said  board.  Said  superintendent  shall  render  annually, 
on  or  before  the  first  day  of  August,  to  the  Commissioner 
of  Education,  and  in  the  manner  and  form  prescribed  by 
him,  a  report  of  such  matters  relating  to  the  schools  under 
his  supervision  as  shall  be  required  by  said  Commissioner 
of  Education. 

75.  (^8.)    No  principal  or  teacher  shall  be  appointed,    Appointment 

.  rl  of   teachers, 

transferred  or  dismissed,  nor  the  amount  of  his  or  her    ™<*  selection 

.  _         111  °'  text-books. 

salary  fixed ;  no  school  term  shall  be  determined,  nor  shall    iwd. 
any  course  of  study  be  adopted  or  altered,  nor  text-books 


Annual, 
report. 


34 


SCHOOL  LAW. 


Suspensions 
of     principals 
or   teachers. 
Ibid. 


Proviso. 


Business 
manager. 
Ibid. 

Salary. 


Bond. 


Duties    of 
business 
manager. 
rbtd. 


Plans    of 

schoolbouses 

supervised 

by    business 

manager. 

Ibid. 


selected,  except  by  a  majority  vote  of  the  whole  number 
of  members  of  the  board  of  education,  (a) 

76.  (69.)  The  superintendent  of  schools  may,  with  the 
approval  of  the  president  of  the  board  of  education,  sus- 
pend any  assistant  superintendent,  principal  or  teacher, 
and  shall  forthwith  report  such  suspension  to  the  board 
of  education,  which  board  shall  take  such  action  for  the 
restoration  or  removal  of  such  assistant  superintendent, 
principal  or  teacher  as  it  shall  deem  proper;  provided, 
that  such  action  shall  be  by  a  majority  vote  of  all  the 
members  of  said  board. 

77.  (70.)  Wherever  a  business  manager  shall  be  ap- 
pointed it  shall  be  by  a  majority  vote  of  all  the  members 
of  the  board  of  education.  He  shall  receive  such  salary 
as  said  board  shall  determine.  He  shall,  before  entering 
upon  the  duties  of  his  office,  execute  and  deliver  to  the 
board  of  education  a  bond  in  a  sum  to  be  fixed  by  said 
board,  but  not  less  than  two  thousand  dollars,  with  surety 
or  sureties  to  be  approved  by  said  board,  conditioned  for 
the  faithful  performance  of  the  duties  of  his  office.  Said 
board  may  accept  the  bond  or  undertaking  of  a  trust  com- 
pany, surety  or  indemnity  company  and  may  pay  the  an- 
nual premium  or  fee  therefor  as  a  current  expense  of 
said  board.  Said  business  manager  may,  by  a  majority 
vote  of  all  the  members  of  the  board  of  education,  be  re- 
moved from  office.  He  shall  have  a  seat  in  said  board, 
and  the  right  to  speak  on  all  matters  relating  to  his  de- 
partment, but  shall  not  have  the  right  to  vote. 

78.  (71-)  The  business  manager  shall  have  charge  and 
care  of  the  public  school  buildings,  and  all  other  property 
belonging  to  the  school  district.  He  may  appoint  and  re- 
move clerks  in  his  office,  but  the  number  and  salaries  of 
such  clerks  shall  be  determined  by  the  board  of  education. 

79.  (72.)  All  plans  and  specifications  for  the  erection, 
improvement  or  repair  of  public  schoolhouses  shall  be 
drawn  by  or  under  the  supervision  of  the  business  man- 
ager, if  there  be  one,  and  shall  be  approved  by  the  Board 
of  Education.     Said  business  manager,  if  there  be  one, 


(a)   See  sections  120  and   130. 


SCHOOL  LAW. 


35 


Proviso. 


shall  supervise  the  construction  and  repair  of  all  school 
buildings,  and  shall  report  monthly  to  the  Board  of  Edu- 
cation the  progress  of  the  work ;  provided,  that  repairs 
not  exceeding  the  sum  of  one  hundred  dollars  may  be 
ordered  by  the  business  manager,  and  repairs  not  exceed- 
ing the  sum  of  five  hundred  dollars  may  be  ordered  by 
the  committee  of  the  board  having  charge  of  the  repair 
of  school  property,  without  the  previous  order  of  the 
board,  and  without  advertisement.  The  business  manager, 
if  there  be  one,  shall  superintend  all  advertisements  for 
bids  and  the  letting  of  all  contracts.  He  shall  inspect  all  inspection, 
work  done  and  materials  or  supplies  furnished  under  con- 
tract, and  shall,  subject  to  the  approval  of  the  Board  of 
Education,  condemn  any  work  and  reject  any  material  or 
supplies  which,  in  his  judgment,  do  not  conform  to  the 
specifications  contained  in  the  contract  therefor,  and  shall 
perform  such  other  duties  as  may  be  required  by  the  Board 
of  Education,  (a) 

80.  (73-)  In  every  city  school  district  the  Board  of 
Education  shall  appoint  two  of  its  members,  and  the 
common  council,  board  of  finances  or  other  body  in  such 
city  having  the  power  to  make  appropriations  of  money 
raised  by  taxes  in  said  city,  shall  appoint  two  of  its  mem- 
bers, and  the  four  persons  so  appointed,  together  with 
the  mayor  or  other  chief  executive  officer  of  the  city,  shall 
constitute  a  board  to  be  known  as  the  "Board  of  School 
Estimate"  of  said  school  district.  Said  appointments 
shall  be  made  annually  during  the  month  of  January. 
In  case  of  any  vacancy  occurring  in  any  such  Board  of 
School  Estimate  by  reason  of  the  resignation,  death  or 
removal  of  any  member  thereof,  such  vacancy  shall  be 
immediately  filled  by  the  body  which  originally  appointed 
such  member,  appointing  another  of  its  members  to  fill 
such  vacancy,  (b) 


Board    of 
school 
estimate. 
P.    L.    3  907. 
Chap.    276. 


•  (a)    i.  The  provisions  of  the  Mechanic's  Lien  law   apply  to   school 
districts.    7  Dickinson   689. 
2.  See    sections    154   and    155. 

(b)  Where  the  board  of  education  confirmed  the  appo'ntment  of 
members  of  the  board  of  school  estimate,  the  fact  that  the  president 
of  the  board  named  the  members  :n  the  first  instance  does  not  in- 
validate their  appointment.  Common  Council  of  Lambertville  v. 
Hoard   of  Education,  90  At.  Rep.    242. 


36 


SCHOOL  LAW. 


Secretary. 


Estimate 
furnished  by 
board    of 
education. 
P.   L.   1903. 
Special 
session. 


Appropriations 

determined. 

Ibid. 


Certificates. 


Appropria- 
tion   made. 


Proviso. 


Proviso. 


The  Secretary  of  the  Board  of  Education  shall  be  the 
Secretary  of  the  Board  of  School  Estimate,  but  shall 
receive  r.o  compensation  as  such. 

81.  (74-)  On  or  before  the  fifteenth  day  of  May  in 
each  year,  the  Board  of  Education  of  such  city  school 
district  shall  prepare  and  deliver  to  each  member  of  said 
Board  of  School  Estimate  an  itemized  statement  of  the 
amount  of  money  estimated  to  be  necessary  for  the  cur- 
rent expenses  of  and  for  repairing  and  furnishing  the 
public  schools  of  such  district  for  the  ensuing  school  year, 
and  also  the  amount  which  shall  have  been  apportioned 
to  such  district  by  the  county  superintendent. 

82,  (75-)  Between  the  fifteenth  day  of  May  and  the 
first  day  of  June  in  each  year  said  Board  of  School  Esti- 
mate shall  fix  and  determine  the  amount  of  money 
necessary  to  be  appropriated  for  the  use  of  the  public 
schools  in  such  district  for  the  ensuing  school  year, 
exclusive  of  the  amount  which  shall  have  been  appor- 
tioned to  it  by  the  County  Superintendent  of  Schools. 
Said  Board  of  School  Estimate  shall,  on  or  before  the 
last  named  date,  make  two  certificates  of  said  amount, 
signed  by  at  least  three  of  the  members  of  said  board, 
one  of  which  certificates  shall  be  delivered  to  the  board 
of  education  of  said  school  district,  and  the  other  to 
the  common  council,  board  of  finance  or  other  body 
in  the  city  having  the  power  to  make  appropriations  of 
moneys  raised  by  taxes  in  such  city.  Said  common  council, 
board  of  finance  or  other  body  shall,  upon  receipt  of  said 
notice,  appropriate  in  the  same  manner  as  other  appro- 
priations are  made  by  it  the  amount  so  certified  as  afore- 
said, and  said  amount  shall  be  assessed,  levied  and  col- 
lected in  the  same  manner  as  moneys  appropriated  for 
other  purposes  in  such  city  shall  be  assessed,  levied  and 
collected;  provided,  that  any  amount  in  excess  of  three- 
fourths  of  one  per  centum  of  the  taxable  valuation  of  the 
real  and  personal  property  shall  be  appropriated  only  with 
the  concurrence  and  consent  of  said  common  council, 
board  of  finance  or  other  body,  expressed  by  its  resolution 
duly  passed ;  and  provided  further,  that  if  the  charter  of 
the  city  shall  limit  the  amount  of  tax  or  the  rate  of  taxa- 


SCHOOL  LAW. 


37 


tion  in  such  city,  so  that  the  purposes  of  this  section  can- 
not be  carried  out,  or  shall  otherwise  by  its  terms  pre- 
vent the  carrying  out  of  said  purposes,  said  charter  limi- 
tations shall  be  hereafter  held  not  to  apply  to  the  raising 
of  money  under  the  provisions  of  this  section. 

83.  (76.)  Whenever  a  city  board  of  education  shall 
decide  that  it  is  necessary  to  raise  money  for  the  purchase 
of  lands  for  school  purposes,  or  for  erecting,  enlarging, 
repairing  or  furnishing  a  schoolhouse  or  schoolhouses, 
it  shall  prepare  and  deliver  to  each  member  of  the  board 
of  school  estimate  of  such  school  district  a  statement  of 
the  amount  of  money  estimated  to  be  necessary  for  such 
purpose  or  purposes;  said  board  of  school  estimate  shall 
fix  and  determine  the  amount  necessary  for  such  pur- 
pose or  purposes,  and  shall  make  two  certificates  of  such 
amount,  one  of  which  certificates  shall  be  delivered  to 
said  board  of  education,  and  the  other  to  the  common 
council,  board  of  finance  or  other  body  in  the  city  hav- 
ing the  power  to  make  appropriations  of  money  raised 
by  tax  in  such  city;  said  common  council,  board  of 
finance  or  other  body  may  appropriate  such  sum  or 
sums  for  such  purpose  or  purposes  in  the  same  manner 
as  other  appropriations  are  made  by  it,  and  the  said 
sum  or  sums  shall  be  raised,  levied  and  collected  at  the 
same  time  and  in  the  same  manner  as  moneys  appro- 
priated for  other  purposes  in  such  city  are  raised,  assessed, 
levied  and  collected;  or  said  common  council,  board  of 
finance  or  other  body  may  appropriate  and  borrow  such 
sum  or  sums  for  the  purpose  or  purposes  aforesaid,  and 
may  secure  the  repayment  of  the  sum  or  sums  so  }  or- 
rowed,  together  with  interest  thereon  at  a  rate  not  to 
exceed  five  per  centum  per  annum,  by  the  issue  of  bonds 
in  the  corporate  name  of  such  city;  bonds  so  issued  shall 
be  designated  "school  bonds,"  may  be  registered  or  coupon 
or  both,  of  such  denominations  as  the  common  cowncil, 
board  of  finance  or  other  board  may  determine,  and  shall 
be  made  payable  in  not  more  than  fifty  years  from  the 
date  thereof;  they  shall  be  sold  at  public  or  private  sale 
and  not  for  less  than  par  and  accrued  interest,  and  such 
city  shall  in  its  annual  tax  levy  raise  money  sufficient  to 


Appropriations 
for    lands    and 
buildings. 
P.    L.    1913, 
Chap.    £52. 


Board    of 
estimate    to 
fix   amount  of 
appropriations. 


May    raise 
umount    by 
issue    of 
bonds. 


3* 


SCHOOL  LAW. 


Sinking  fond. 


Limit    of 
bonded   debt. 


pay  the  interest  on  said  bonds,  together  with  at  least  one 
per  centum  per  annum  of  the  principal  thereof,  to  provide 
a  sinking  fund  for  the  retirement  of  said  bonds  at  ma- 
turity ;  or  in  lieu  of  providing  for  a  sinking  fund  for 
the  retirement  of  said  bonds  at  maturity,  the  bonds  may 
be  so  issued  that  a  stated  equitable  amount  of  them  (in 
value),  having  regard  to  other  school  bonds  already 
issued,  shall  become  payable  in  each  year  beginning  not 
more  than  ten  years  from  date  of  the  earliest  issue  and 
ending  in  not  less  than  forty  years  from  such  date,  and 
in  such  case  there  shall  be  raised  by  tax  in  each  year 
such  sum  of  money  as  may  be  necessary  to  pay  the  in- 
terest on  all  outstanding  bonds  and  the  principal  of  such 
bonds  as  may  mature  during  that  year ;  the  proceeds  of 
the  sale  of  such  bonds  shall  be  deposited  with  the  cus- 
todian of  school  moneys  of  such  school  district  and  shall 
be  paid  out  only  on  the  warrants  or  orders  of  the  board 
of  education ;  provided,  that  no  amount  in  excess  of  three 
per  centum  of  the  taxable  valuation  of  the  real  and  per- 
sonal property  shall  be  appropriated  only  with  the  con- 
currence and  consent  of  said  common  council,  board  of 
finance  or  other  body  expressed  by  its  resolution  duly 
passed ;  provided  further,  that  the  total  amount  of  bonds 
for  such  purposes,  including  bonds  theretofore  issued  for 
the  purposes  named  in  this  section,  and  not  redeemed, 
shall  not  exceed  at  any  one  time  a  sum  equal  to  five  per 
centum  of  the  taxable  valuation  of  the  real  and  personal 
property  in  such  district ;  and  provided  further,  that  if 
the  charter  of  the  city  shall  limit  the  amount  of  indebt- 
edness in  such  city,  or  shall  by  its  terms  prevent  the 
carrying  out  of  the  provisions  of  this  section,  said  charter 
provisions  shall  hereafter  be  held  not  to  apply  to  the  issu- 
ing of  bonds  under  the  provisions  of  this  section,  (a) 


(a)  i.  A  resolution  of  a  board  of  school  estimate  fixing  and  determin- 
ing the  amount  of  money  necessary  for  the  erection  of  a  sc'ioolhouse 
at  the  sum  of  $175,000,  "on  the  condi'ion  that  a  school  buildinc  con- 
ta'nin?  twenty  units  shrll  be  erected,"  is  not  such  a  determination  as 
is  required  by  section  76.  Board  of  Education  of  Montclair  v.  Town 
Counril   of   Montclair,   47    Vr.    50. 

2.  Under  section  76  of  the  School  law,  when  the  board  of  school 
estimate  has  fixed  and  determined  the  amount  necessary  for  the  pur- 
chase of  land  and  *-»rtion  of  a  schoolhouse,  it  is  mandatory  upon  the 


SCHOOL  LAW.  39 

84.    (i.)    Whenever  any  township  shall  have  accepted    ^^Jtht'epe 
the  provisions  of  Article   VI.   of  the  act  to  which   this    fJZrl-TZ'. 


act  is  a  supplement,  as  provided  in  section  two  hundred 


irry    Into 
t    section 
7:5-70,    T.    L. 

and  forty-three  of  said  act,  the  township  committee  of  J^1,  Chap- 
such  township  shall,  for  the  purpose  of  carrying  into 
effect  the  provisions  of  sections  seventy-three,  seventy- 
four,  seventy-five  and  seventy-six  of  said  act,  (a)  be 
deemed  and  taken  to  be  a  body  having  the  power  to  make 
appropriations  of  money  raised  by  taxes,  and  the  presi- 
dent or  chairman  of  such  committee  shall  be  deemed  and 
taken  to  be  the  chief  executive  officer  of  such  township. 

85.    (2.)    The   township   committee   of   such   township,    committee  tu 
upon  the  receipt  of  the  certificate  as  provided  in  section   assessor 
seventy-five  of  the  act  to  which  this  act  is  a  supplement,    by  board  of 
shall  certify  to  the  assessor  and  collector  of  such  town-    estimate, 
ship  the  amount  of  money  fixed  and  determined  by  the 
Board  of  School  Estimate  as  necessary  to  be  appropriated 
for  the  use  of  the  public  schools  in  such  township  for  the 
ensuing  school  year,  exclusive  of  the  amount  apportioned 
to  it  by  the  County  Superintendent  of  Schools,  and  the 
said  amount  shall  be  assessed,  levied  and  collected  in  the 
same  manner  as  moneys  appropriated  for  other  purposes 
in  such  township  shall  be  assessed,  levied  and  collected; 
provided,  that  any  amount  in  excess  of  three-fourths  of    Pr°*l*>- 
one  per  centum  of  the  taxable  valuation  of  the  real  and 
personal  property  shall  be  assessed,  levied  and  collected 
only  with  the  concurrence  and  consent  of  the  township 
committee. 


body  having  the  power  to  make  appropriations  of  money  ra'sed  by 
tax,  to  cause  the  amount  to  be  raised  by  tax,  or  to  borrow  the  same 
and  secure  its  repayment  by  the  issue  of  bonds.  Montclair  v.  State 
Superintendent,  48    Vr.  68. 

3.  When  the  body  having  power  to  make  appropriations  of  money 
raised  by  tax  fails  to  provide  for  the  amount  fixed  and  determined 
by  the  board  of  school  estimate,  a  controversy  has  arisen  under  the 
school  hws.  and  the  remed  es  by  appeal  to  the  State  Superintendent 
of  Public  Instruction  and  the  State  Board  of  Education  must  be  ex- 
hausted before  recourse  is  had  to   the  courts.     Ibid. 

4.  An  appropriation  asked  for  by  the  board  of  school  estimate  for 
the  erection  of  a  public  school  is  not  illegal  because  they  discussed 
the  availability  of  certain  s  tes  as  a  basis  for  an  appropriation,  their 
estimate  not  being  inseparably  conditioned  uoon  the  nurchase  of  any 
definite  site.  Common  Council  of  Lambertville  v.  Board  of  Education, 
90  At.  Rep.   242. 

(a)  The  numbers  refer  to  those  in  (     ). 


40 


SCHOOL  LAW-. 


Township 
committee 
raise  amoun 
for   school 
buildings 
certified   by 
board    of 
Bchool 
estimate. 
Ibid. 


86.  (3-)  The  township  committee  of  such  township, 
upon  the  receipt  of  the  certificate  as  provided  in  section 
seventy-six  (a)  of  the  act  to  which  this  act  is  a  supple- 
ment, may  certify  to  the  assessor  and  collector  of  such 
township  the  sum  or  sums  fixed  and  determined  by  the 
Board  of  School  Estimate  for  the  purposes  named  in  said 
section,  and  the  sum  or  sums  so  certified  shall  be  assessed, 
levied  and  collected  at  the  same  time  and  in  the  same 
manner  as  moneys  appropriated  for  other  purposes  in 
said  township  are  assessed,  levied  and  collected ;  or  such 
township  committee  may  borrow  such  sum  or  sums  and 
may  secure  the  repayment  of  the  sum  or  sums  so  bor- 
rowed, together  with  interest  thereon  at  a  rate  not  to 
exceed  five  per  centum  per  annum,  by  the  issue  of  bonds 
in  the  corporate  name  of  the  township  in  the  manner  and 
subject  to  the  limitations  as  provided  in  said  section.  Such 
township  committee  shall  annually  certify  to  the  assessor 
and  collector  of  such  township  the  amount  of  money 
necessary  to  pay  the  principal  and  interest  on  bonds  falling 
due  during  the  ensuing  year,  and  the  amount  so  certified 
shall  be  assessed,  levied  and  collected  at  the  same  time  and 
in  the  same  manner  as  moneys  for  other  purposes  in  such 
township  are  assessed,  levied  and  collected. 


Article  VII. 

TOWNSHIP,    INCORPORATED    TOWN    AND    BOROUGH    SCHOOL 

DISTRICTS. 


Boards  of 
education, 
how   chosen. 
P.   L.   1903. 
Special 
session. 


Yaeancy. 


87.  (77-)  In  each  township,  incorporated  town  and 
borough  school  district,  there  shall  be  a  board  of  educa- 
tion consisting  of  nine  members,  except  as  hereinafter 
provided ;  three  members  of  such  board  shall  be  chosen 
at  each  annual  school  meeting  and  shall  hold  office  for  the 
term  of  three  years.  In  case  there  shall  be  a  vacancy  in 
a  board  of  education,  such  vacancy  shall  be  filled  at  the 
next  annual  meeting  after  such  vacancy  occurs,  and  the 
person  elected  to  fill  such  vacancy  shall  be  elected  for  the 
unexpired  term  only,   (b) 


(a)  The  number  refers  to  that  in  (     ). 

(b)  See  section  91. 


SCHOOL  LAW.  41 


Number   of 
trustees  may 


88.  (78.)  If  the  board  of  education  in  any  school  dis 
trict  created  under  the  provisions  of  this  article  shall  b,L'  {?*$£ 
deem  it  for  the  best  interests  of  the  schools  that  the  num-  CUbp-  m 
ber  of  members  constituting  said  board  shall  be  reduced, 
the  district  clerk,  when  directed  by  said  board,  shall  in- 
sert in  the  call  for  the  next  annual  school  meeting  a  notice 
that  it  will  be  determined  at  said  meeting  whether  the 
number  of  members  of  the  board  of  education  shall  be 
reduced  to  five  or  three.  If  it  shall  be  determined  at 
said  meeting  to  reduce  the  number  of  members  of  said 
board  to  either  five  or  three,  the  members  of  said  board 
then  in  office  shall  continue  in  office  for  the  terms  for 
which  they  were  severally  elected,  and  their  successors 
shall  be  elected  in  the  manner  following: 

I.  If   it  shall  be  determined   at  said  meeting  tTlat  the    i'  number 

0  to   be   five. 

number  of  members  of  the  board  of  education  shall  be 
reduced  to  five,  no  election  for  members  of  said  board 
shall  be  held  at  said  meeting.  At  the  next  annual  school 
meeting  two  members  of  said  board  shall  be  elected  for 
the  term  of  three  years,  and  at  the  second  annual  school 
meeting  held  after  the  meeting  at  which  it  was  deter- 
mined to  reduce  the  number  of  members  of  the  board  of 
education  to  five,  two  members  of  said  board  shall  be 
elected  for  the  term  of  three  years  and  one  for  the  term 
of  one  year,  and  thereafter  there  shall  be  elected  at  each 
annual  school  meeting  a  member  or  members  of  said 
board,  in  the  place  of  those  whose  terms  shall  have  ex- 
pired, who  shall  hold  office  for  the  term  of  three  years. 

II.  If  it  shall  be  determined  at  said  meeting  that  the    lt  number 
number  of  members  of  the  board  of  education  shall  be    t0  be  thre*" 
reduced  to  three,  no  election  for  members  of  said  board 

shall  be  held  until  the  second  annual  school  meeting  held 
after  the  meeting  at  which  it  was  determined  to  reduce 
the  number  of  members  of  the  board  to  three.  At  such 
second  annual  school  meeting  there  shall  be  elected  three 
members  of  said  board  to  serve  for  one,  two  and  three 
years  respectively,  and  thereafter  one  member  of  said 
board  shall  be  elected  at  each  annual  school  meeting,  in 
the  place  of  the  member  whose  term  shall  have  expired, 
who  shall  hold  office  for  the  term  of  three  years. 


42 


SCHOOL  LAW. 


numh™,Bof8  Whenever    a    new     township,     incorporated    town     or 

new'Townghip.  borough   school  district   shall  be  created,   there   shall   be 
etc-  held,  at  the  ensuing  annual   school  meeting,  an  election 

for  members  of  the  board  of  education.  Before  pro- 
ceeding to  ballot  for  such  members  of  the  board  of  edu- 
cation the  legal  voters  present  shall  determine  whether 
the  board  of  education  shall  consist  of  three,  five  or  nine 
members.  If  it  shall  be  determined  that  the  board  shall 
consist  of  three  members,  then  said  legal  voters  shall 
elect  one  member  to  serve  for  the  term  of  one  year,  one 
for  the  term  of  two  years,  and  one  for  the  term  of  three 
years.  If  it  shall  be  determined  that  the  said  board  shall 
consist  of  five  members,  the  said  legal  voters  shall  elect 
one  member  to  serve  for  the  term  of  one  year,  two  for 
the  term  of  two  years,  and  two  for  the  term  of  three 
years.  If  it  shall  be  determined  that  said  board  shall 
consist  of  nine  members,  said  legal  voters  shall  elect 
three  members  to  serve  for  the  term  of  one  year,  three 
for  the  term  of  two  years,  and  three  for  the  term  of 
three  years.  Annually  thereafter  there  shall  be  elected  a 
person  or  persons  for  the  term  of  three  years  in  the  place 
of  the  member  or  members  whose  terms  shall  have  ex- 
pired,  (a) 

89.  (79-)  An  annual  meeting  for  the  election  of  members 
of  the  board  of  education  shall  be  held  in  each  township, 
incorporated  town  or  borough  school  district  on  the  third 
Tuesday  in  March  at  a  schoolhouse  or  such  other  conve- 
nient public  place  within  the  district  as  may  be  selected 
by  the  board  of  education.  Not  less  than  seven  notices 
of  such  meeting,  specifying  the  day,  time,  object  and  place 
thereof,  shall  be  posted  by  the  district  clerk  at  least  ten 
days  before  the  date  of  such  meeting;  one  of  such  notices 
shall  be  posted  on  each  schoolhouse  within  the  district,  and 
at  such  other  public  places  therein  as  the  Board  of  Educa- 
tion of  said  district  shall  direct.  Any  district  clerk  who 
shall  fail  to  post  notices  calling  said  annual  meeting  as 
required  by  this  section  shall  pay  a  fine  of  twenty  dollars, 
to  be  recovered  in  a  court  for  the  trial  of  small  causes  by 


Annual 

district 

meeting. 

P.   L.   1903. 

Special 

session. 


Notice*. 


Penalty    for 
failure    to 
post  notices. 


(a)   See  sect'on  91. 


SCHOOL  LAW.  45 

any  resident  of  said  school  district.  A  plurality  of  the 
votes  cast  shall  be  sufficient  to  elect  a  member  of  a  board 
of  education,  (a) 

90.  (80)   All  elections  for  members  of  such  board  of    ballot.0" 
education  shall  be  by  ballot.     The  polls  for  such  election 

shall  remain  open  one  hour  and  as  much  longer  as  may 
be  necessary  to  enable  the  legal  voters  present  to  cast  their 
ballots.     Said  ballots  may  be  printed  or  written,  or  partly 
printed  and  partly  written.     In  case  a  member  of  a  board 
of  education  is  to  be  elected  for  a  full  term,  and  a  member 
is  to  be  elected  to  fill  an  unexpired  term,  the  ballots  shall 
designate  which  of  the  persons  voted  for  is  to  be  elected 
for  the  full  term,  and  which  for  the  unexpired  term.    The    ^vctlon' 
chairman  of  the  meeting  shall  appoint  two  tellers,  who    conducted, 
shall   receive  and  count  the  ballots  in  his  presence,   and 
said  chairman  shall  announce  the  result  of  such  election. 
The  secretary  of  the  meeting  shall  keep  a  poll-list  and 
record  therein  the  name  of  each  person  voting  at  such 
election,  and  shall  also  keep  a  tally-sheet  of  the  votes  as 
counted  by  the  tellers.    The  tally-sheet  shall  be  signed  by   election  and 
the  chairman  and  tellers,  and  said  tally-sheet,  poll-list  and   fu-po»ite«i 
ballots  shall  be  placed  by  the  secretary  in  a  sealed  package   ruperintend- 
indorsed  with  the  name  of  the  district,  the  name  of  the 
county  in  which  said  district  shall  be  situate,  and  the  date 
on  which  said  election  shall  have  been  held,  and  said  pack- 
age, together  with  a  statement  of  the  result  of  said  elec- 
tion signed  by  the  chairman  and  secretary,  shall  be,  by 
said  secretary,  forwarded  to  the  County  Superintendent 
of  Schools  within  five  days  after  the  date  of  such  election 
and  the  same  shall  be  preserved  for  one  year. 

91.  (1.)     In   every   incorporated   town   school   district    *fpr'^0i"*™en0tf 
which  has,  or  shall  hereafter  have,  according  to  any  State    education  iD 

&  J  towns   of 

or  United  States  census,  a  population  of  ten  thousand  or    ]o.ooo  °r 

more   popu- 

over,  and  which  has  not  adopted  the  provisions  of  article    lation. 
six  of  the  act  of  which  this  is  a  supplement,  the  mayor  or    Chap.  340. 
other  chief  executive  officer  shall,  between  the  second  and 

(a)  1.  School  trustees  are  officers  within  article  2,  paragraph  1  of 
the  constitution,  so  that,  if  they  are  made  elective  by  the  neonle,  only 
male  citizens  can  vote  for  them.  State  v.  Deshler,  1  Dutcher  177 ', 
Kimbnll  v.  Hendee,  28   Vr.  307. 

2.  See  section  91. 


44 


SCHOOL  LAW. 


Term. 


Vacancy; 
how    filled. 


Board    to 
organta 

Kot>ruary   1st. 


Two    ballot- 
boxes    In 
certain  casei. 
P.    L.    1903. 
Special 
session. 


QuaUflcatlons 
of    voters   at 
•ehool 
mpetinga. 
Ibid. 


fifteenth  day?  of  January  next  after  the  passage  of  this 
act,  appoint  five  persons  to  be  members  of  the  board  of 
education  of  such  district.  In  making  his  appointments, 
the  mayor  or  other  chief  executive  officer  shall  appoint 
one  person  to  serve  for  one  year,  one  person  to  serve  for 
two  years,  one  person  to  serve  for  three  years,  one  person  to 
serve  for  four  years,  and  one  person  to  serve  for  five  years, 
and  annually  thereafter,  between  the  second  and  fifteenth 
days  of  January,  said  mayor  or  other  chief  executive  of- 
ficer of  such  school  district  shall  appoint  a  member  of  the 
said  Board  of  Education  to  serve  for  the  term  of  five 
years  to  take  the  place  of  that  member  whose  term  shall 
expire  in  such  year.  Any  vacancy  in  such  board  of  edu- 
cation shall  be  forthwith  reported  by  the  secretary  of  said 
board  to  the  mayor  or  other  chief  executive  officer,  who 
shall  within  thirty  days  thereafter  appoint  a  person  to  fill 
such  vacancy  for  the  unexpired  term.  To  every  such  ap- 
pointee as  aforesaid  said  mayor  or  other  chief  executive 
officer  shall  issue  and  deliver  a  certificate  of  appointment. 
The  term  of  office  of  a  member  of  the  board  of  education. 
except  a  member  appointed  to  fill  an  unexpired  term,  shall 
begin  on  the  first  day  of  February  next  succeeding  his  ap- 
pointment. The  terms  of  office  of  all  members  of  boards 
of  education  in  said  districts  which  are  affected  by  this 
act  shall  expire  on  the  thirty-first  day  of  January  next 
after  the  passage  of  this  act. 

92.  (8i.)  At  any  annual  meeting  when  the  question  of 
raising  a  tax.  the  issuing  of  bonds,  or  the  establishing  of 
a  union  graded  school  is  to  be  voted  on,  two  ballot-boxes 
shall  be  provided,  and  two  tellers  shall  be  appointed  for 
each  box.  One  of  said  boxes  shall  be  used  to  receive  the 
ballots  for  members  of  the  board  of  education  and  the 
other  to  receive  the  ballots  for  the  other  objects  enumerated 
in  this  section. 

93.  (82-)  Every-  male  citizen  of  the  United  States  who 
shall  have  the  qualifications  required  for  electors  for  the 
General  Assembly  of  the  State  of  Xew  Jersey,  shall  have 
the  right  to  vote  at  such  meeting.  Even,*  female  citizen 
of  the  L'nited  States  of  the  age  of  twenty-one  years  and 
possessing  the  qualifications  respecting  residence  required 


SCHOOL  LAW. 


45 


of  male  voters,  shall  have  the  right  to  vote  at  any  annual 
or  special  school  meeting  of  the  legal  voters  of  said  school 
district  for  any  purpose  other  than  the  election  of  mem- 
bers of  the  board  of  education,  (a) 

94.  (83.)  A  member  of  a  board  of  education  shall  be 
a  citizen  and  resident  of  ]the  territory  contained  in  said 
school  district,  and  shall  have  been  such  citizen  and  resi- 
dent for  at  least  three  years  immediately  preceding  his 
or  her  becoming  a  member  of  such  board,  and  shall  be 
able  to  read  and  write.  He  shall  not  be  interested,  di- 
rectly or  indirectly,  in  any  contract  with  nor  claim  against 
said  board. 

95.  (84.)  Each  board  of  education  elected  as  provided 
in  this  article  shall  be  a  body  corporate,  and  shall  be 
known  as  and  called  "the  Board  of  Education  of  the 
(township,   town   or  borough,   as   the   case   may   be)    of 

,  in  the  county  of __ "    The  title 

to  school  property,  real  and  personal,  previously  acquired 
by  a  school  district  acting  under  the  provisions  of  this 
article,  or  by  any  school  district,  board  of  education, 
school  trustees  or  other  body  heretofore  having  charge 
and  control  of  the  public  schools  situate  in  the  territory 
now  contained  in  such  school  district,  or  in  any  part 
thereof,  and  the  title  to  all  lands,  buildings  and  other 
property  hereafter  acquired  for  school  purposes  in  said 
school  district  shall  vest  in  the  board  of  education  incor- 
porated under  the  provisions  of  this  section,  (b) 

96.  (85.)  Each  board  of  education  created  under  the 
provisions  of  this  article  shall  organize  annually  on  the 
first  Monday  in  April  by  the  election  of  one  of  its  mem- 
bers as  president  and  another  as  vice-president.  A  presi- 
dent or  vice-president  who  refuses  to  perform  any  duty 
imposed  upon  him  by  this  act  may  be  removed  by  the 


Qaaliflca- 
«.f    rcicil^  rt 
of    board    of 
p<\  d  nation. 
Ibid. 


Corporate 

name. 

P.    L.    1909, 

Cbap.   174. 


Title    to 
property 
v>-sr<-'!    in 
school 
board. 


Organization 
of   school 
boa -1. 
P.   L.    1907, 
p.    283. 


(a)  Women  may  vote  at  school  meetings  for  all  purposes  except 
the  election  of  officers.  Landis  v.  School  District,  etc.,  28  Vr.  509 ; 
Chamberlain  v.   Crartbury,  28  Vr.  605.     See  foot-note  to  section  89. 

(bo.  1.  A  certiorari  is  not  proner'v  used  to  brir?  up  t^e  certiflcafe 
of  the  name,  etc.,  of  a  school  district  to  enable  the  court  to  decide 
on  the  legal  existence  of  such  corporation.  Stat?  v.  Van  IVirkle.  1 
Dutchcr  73;  State  v.  Donahay,  1   Vr.  404;  State  v.  Brown,  2  Vr.  355. 

2.  See  sect  ons  364  to  369. 


46 


SCHOOL  LAW. 


Failure    to 
organize. 


Vacancies. 


Oath. 


Powers   of 

district 

boards. 

P.   L.   1913. 

Special 

session. 

Appointment 

to  All   vacancy 

(see   section 

30,    division 

IV.). 

Employ 
teachers,    etc. 


Make   rales. 


majority  vote  of  all  the  members  of  the  board.  If  said 
board  shall  fail  to  organize  on  said  day,  the  County  Super- 
intendent of  Schools  shall  appoint,  from  among  said  mem- 
bers, a  president  and  a  vice-president.  In  case  the  office 
of  president  or  vice-president  shall  become  vacant,  the 
Board  of  Education  shall,  within  thirty  days  thereafter, 
fill  such  vacancy  for  the  unexpired  term;  and  if  it  shall 
fail  to  fill  said  vacancy  within  the  said  thirty  days,  the 
County  Superintendent  of  Schools  shall  fill  such  vacancy 
for  the  unexpired  term.  A  member  of  such  board  of 
education  shall,  before  entering  upon  the  duties  of  his 
office,  take  and  subscribe  an  oath,  before  any  officer 
authorized  by  law  to  administer  oaths,  that  he  possesses 
the  qualifications  to  be  a  member  of  said  board  prescribed 
therefor  in  this  article,  and  that  he  will  faithfully  discharge 
the  duties  of  his  said  office.  Said  oath  shall  be  filed  with 
the  district  clerk  of  said  board,  (a) 

97.  (86.)   The  Board  of  Education  shall  have  power; 

I.  To  appoint  a  person  to  fill  a  vacancy  in  the  Board 
of  Education,  except  a  vacancy  caused  by  a  failure  to 
elect,  but  the  person  so  appointed  shall  serve  only  until 
the  next  election  for  members  of  the  Board  of  Educa- 
tion, (b) 

II.  To  employ  and  dismiss  principals,  teachers,  janitors, 
mechanics  and  laborers,  and  to  fix,  alter  and  order  paid 
their  salaries  and  compensation. 

III.  To  make,  amend  and  repeal  rules,  regulations  and 
by-laws,  not  inconsistent  with  this  act  or  with  the  rules 
and  regulations  of  the  State  Board  of  Education,  for  its 


(a)  When  a  person  who  is  elected  to  an  office  is  required,  before 
entering  upon  the  discharge  of  the  duties  thereof,  to  take  and  sub- 
scribe an  oath  of  a  specified  form,  the  taking  of  the  oath  essentially 
in  that  form  is  a  condition  precedent  to  his  complete  investiture  into 
the  office,  and,  in  contemplation  of  law,  is  just  as  much  a  requisite 
to  its  enjoyment  as  the  election  itself.     Hayter  v.  Benner,  38   Vr.  359. 

(b)  1.  The  office  of  trustee  is  not  vacated  by  an  unaccepted  resig- 
nation.    Tozcnsend  v.  School  Trustees,  etc.,   12   Vr.  312. 

2.  The  general  rule  applicable  to  all  public  offices  is  that  a  resig- 
nation of  office  does  not  become  complete  until  presented  to  the 
proper  authority  and  accepted  by  it.  In  the  absence  of  any  specific 
rule  prescribing  to  what  authority  a  res  gnation  must  be  presented, 
the  proper  authority  to  accept  a  resignation  is  that  which  has  power 
to  fill  the  vacancy.     Fryer  v.  Norton,  38  Vr.  537. 

3.  See  sections  30,  div.   IV,  and  278. 


SCHOOL  LAW. 


47 


own  government,  for  the  transaction  of  business,  and  for 
the  government  and  management  of  the  public  schools  and 
the  public  school  property  in  said  district,  and  also  for  the 
employment  and  discharge  of  principals  and  teachers,  (a) 

IV.  To  purchase,  sell  and  improve  school  grounds ;  to 
erect,  lease,  enlarge,  improve,  repair  or  furnish  school 
buildings,  and  to  borrow  money  therefor  with  or  without 
mortgage;  (b)  provided,  that  for  any  such  act  it  shall 
have  the  previous  authority  of  a  vote  of  the  legal  voters 
of  the  district. 

V.  To  take  and  condemn  land  and  other  property  for 
school  purposes  in  the  manner  provided  by  law  regulat- 
ing the  ascertainment  and  payment  of  compensation  for 
property  condemned  and  taken  for  public  use.  If  either 
party  shall  feel  aggrieved  by  any  proceedings  and  award 
thereunder,  said  party  may  appeal  in  the  manner  pro- 
vided by  law  for  appeals  from  such  proceedings  and 
award ;  provided,  that  before  beginning  any  proceedings 
for  taking  and  condemning  land  and  other  property,  the 
Board  of  Education  shall  have  the  authority  of  a  vote  of 
the  legal  voters  of  the  district,  (c) 

VI.  To  insure  school  buildings,  furniture  and  other 
school  property,  and  to  receive,  lease  and  hold  in  trust 
for  the  district  any  and  all  real  or  personal  property  for 
the  benefit  of  the  schools  thereof. 

VII.  To  enforce  the  rules  and  regulations  prescribed 
by  the  State  Board  of  Education,  select  the  text-books, 
and,  in  connection  with  the  County  Superintendent  of 
Schools,  to  prescribe  the  course  of  study  to  be  pursued 
in  the  school  or  schools  under  its  charge. 

VIII.  To  suspend  or  expel  pupils  from  school. 


Purchase, 
sell  or  lease 
school-hoosrn 


Proviso. 


Condemn 
land   for 
school 
purposes. 


Proviso. 


Insure  school 
property. 


Select    text- 
books   and 
prescribe 
course    of 
study. 


Expel  pupil* 


(a)  See  sections  120,  121,  130.  132,  310,  311,  312,  313  and  314. 

(b)  1.  A  board  of  education,  in  seeking  proposals  for  a  contract  to 
supply  school  furniture  may  lawfully  delegate  to  a  committee  of  its 
body  the  duty  of  preparing  and  submitting  the  specifications  for  such 
purpose,  and  of  conducting  negotiations  for  the  contract ;  provided 
the  proposals  and  the  result  of  the  negotiations  are  first  reported  to 
and  considered  by  the  board  before  final  action  in  awarding  the  con- 
tract.    Kraft  v.  Board  of  Education,  38    Vr.   512. 

2.   See  sections  279,  290  and  426  to  431. 

(c)  A  vote  of  a  majority  of  legal  voters  authorizing  a  board  of 
educat:on  to  purchase  school  grounds,  does  not  empower  the  board  to 
condemn   land  for  school  purposes.     Fuller  v.   Chatham,  49    l/r.    107. 


48 


SCHOOL  LAW. 


Pro  Tide 
text-books. 


Call  special 
meetings  of 
legal  voters. 


Use  of  school- 
houses    for 
other    than 
school    pur- 
poses   per- 
mitted. 
P.   L.   1913, 
t_~.ap.    309. 


IX.  To  provide  text-books  and  other  necessary  school 
supplies. 

X.  To  call  a  special  meeting  of  the  legal  voters  of  the 
district  at  any  time  when  in  its  judgment  the  interests 
of  the  school  require  it.  or  whenever  fifty  of  such  legal 
voters  shall  request  it  by  petition  so  to  do.  In  the  notices 
of  any  special  meeting,  called  upon  petition  as  aforesaid, 
shall  be  inserted  the  purposes  named  in  said  petition  so 
far  as  the  same  are  not  in  conflict  with  the  provisions  of 
this  act.  No  business  shall  be  transacted  at  any  special 
meeting  except  as  shall  have  been  set  forth  in  the  notices 
by  which  said  meeting  was  called.  Special  meetings  shall 
be  called  in  the  manner  provided  for  calling  the  annual 
meetings,   (a) 

XL  (i.)  The  board  of  education  of  any  school  district 
may,  subject  to  reasonable  regulations  to  be  adopted  by 
said  board,  permit  the  use  of  any  schoolhouse  and  rooms 
therein,  and  the  grounds  and  other  property  of  the  dis- 
trict, when  not  in  use  for  school  purposes,  for  any  of  the 
following  purposes : 

(a)  By  persons  assembling  therein  for  the  purpose  of 
giving  and  receiving  instruction  in  any  branch  of  education, 
learning  or  the  arts ; 

(b)  For  public  library  purposes  or  as  stations  of  public 
libraries ; 

(c)  For  holding  social,  civil  and  recreational  meetings 
and  entertainments  and  such  other  purposes  as  miy  be 
approved  by  the  board  of  education ; 


(a)  i.  Special  meetngs  of  the  voters  must  be  called  by  the  board 
of  trustees   regularly   convened.     Bogert  v.    Trustees,  etc.,   14   Vr.   358. 

2.  Notices  of  a  special  school  meeting  to  raise  special  school  taxes 
should  be  put  up  at  least  ten  days  before  the  time  of  meeting.  Davis 
v.  Rapp,  14  Vr.  594;  Canda  Manufacturing  Co.  v.  Woodbridge,  29 
Vr.   134. 

3.  A  special  meeting  of  the  legal  voters  of  a  school  district,  duly 
called,  may  vote  to  raise  money  for  school  purposes,  although  such 
appropriat  on  has  been  refused  at  the  annual  meeting.  State  v.  Lczcis, 
6   Vr.  277 '<  Stanton  v.  Board  of  Education.  39   Vr.  496. 

4.  A  special  meeting  of  a  school  district  can  vote  to  raise  money 
to  build  a  schoolhouse,  although  a  similar  prooosition  had  been  re- 
jected at  a  previous  special  meeting  held  in  the  same  year.  Stack- 
house  v.   Clark,   23    Vr.  291. 

5.  A  notice  that  the  object  of  the  meet'ng  is  to  purchase  a  school- 
house  will  not  warrant  a  resolution  to  pay  for  a  schoolhouse  already 
built.     Lamb  v.  Hurff,  9   Vr.  310. 


SCHOOL  LAW.  49 

(d)  For  meetings,  entertainments,  and  occasions  where 
admission  fees  are  charged; 

(e)  For  polling  places,  for  holding  elections,  and  for 
the  registration  of  voters,  and  for  holding  political  meet- 
ings. 

Any  action  taken  by  a  board  of  education  under  the 
provisions  of  this  act  shall  be  subject  to  appeal  to  the 
Commissioner  of  Education,  as  provided  in  section  ten  of 
the  act  to  which  this  act  is  a  supplement. 

XII.  To  adopt  an  official  seal  by  which  all  its  official    seal, 
acts  may  be  authenticated. 

XIII.  To  make  an  annual  report  to  the  County  Super-    Annual 

report 

intendent  of  Schools  on  or  before  the  first  day  of  August 
in  the  manner  and  form  prescribed  by  the  Commissioner 
of  Education. 

XIV.  To  borrow,  after  the  first  day  of  ]uly  and  before    Borrow 

.      ..     money. 

the  first  day  of  January,  a  sum  not  exceeding  one-half 
of  the  amount  appropriated  for  the  current  expenses  of 
the  schools  and  for  the  repair  of  schoolhouses  under  its. 
control,  and  to  execute  and  deliver  promissory  notes 
therefor,  and  to  pay  the  amount  so  borrowed,  together 
with  interest  thereon,  at  a  rate  not  exceeding  six  per 
centum  per  annum,   (a) 

98.  (87-)  A  board  of  education  may,  under  such  rules    s£Pe^v,8iB* 
and  regulations  as  shall  be  prescribed  by  the  State  Board    ?•  l-  wob. 

b  \  J  m  Chap.    170. 

of   Education,   appoint   a   suitable   person   as   Supervising 
Principal  of  Schools,  define  his  duties  and  fix  his  salary; 
provided,  that  no  person  shall  be  appointed  Supervising    proviso. 
Principal  unless  he  or  she   shall  hold  either  a   State  or 
first-grade  county  certificate  (and  provided  further  that), 
.     nor  until  the  necessity  for  the  appointment  of  a  Supervis- 
ing Principal  shall  have  been  authorized  in  writing  by  the 
County  Superintendent  of  Schools,  and  approved  by  the 
Commissioner  of  Education  and  the  State  Board  of  Edu- 
cation.    The  County  Superintendent  of  Schools  in  making    Minimum 
his  annual  apportionment  of  school  moneys  shall  not  ap-    sa  ary' 
portion   the   amount   allowed   by   law    for   a    Supervising 
Principal  unless  the  salary  paid  to  such  Supervising  Prin- 

(a)   See  sections  277  and  320. 


; 


SCHOOL  LAW. 


Joint    district 
supervisor. 


Majority 

rote    required 

in    certain 

oases. 

P.    L.    1903. 

Special 

tension. 


Secular 
meetings. 


itemized    bills. 
tbUL 


Pnrrlao 


cipal  shall  amount,  at  least,  to  the  sum  of  one  thousand 
dollars  per  annum.  The  boards  of  education  of  two  or 
more  districts  may  unite  in  employing  a  Supervising  Prin- 
cipal. The  terms  of  all  Supervising  Principals  now  in 
office  shall  end  on  June  thirtieth  next  after  the  passage  of 
this  act,  and  none  shall  hereafter  be  appointed  except  in 
the  manner  provided  by  this  act.   (a) 

99.  (88.)  Xo  principal  or  teacher  shall  be  appointed, 
transferred  or  dismissed,  nor  the  amount  of  his  salary 
fixed;  no  school  term  shall  be  determined,  nor  shall  any 
course  of  study  be  adopted  or  altered,  nor  text-books 
selected,  except  by  a  majority  vote  of  the  whole  number 
of  members  of  the  Board  of  Education  (b) 

100.  (89.)  The  Board  of  Education  of  every  school 
district  elected  under  the  provisions  of  this  article  shall 
meet  for  the  transaction  of  business  at  least  once  in  two 
months  during  the  period  that  the  schools  in  said  district 
shall  be  in  session.  Xo  contract  shall  be  entered  into  by 
a  board  of  education,  nor  shall  any  bill  or  demand  for 
money  against  said  board  be  paid  until  the  same  shall 
have  been  presented  and  passed  on  at  a  regularly  called 
meeting  of  the  board,  (c) 

101.  (90.)  It  shall  be  unlawful  for  any  board  of  educa- 
tion to  order  paid  out  of  the  school  moneys  under  its  con- 
trol any  money  for  school  supplies,  books,  maps,  charts, 
globes,  fuel,  erecting,  enlarging,  repairing,  furnishing  or 
improving  school  buildings  and  grounds,  unless  the  person 
claiming  said  money  shall  first  present  to  said  board  an 
itemized  bill  showing  the  name  of  the  person  to  whom 
the  amount  of  such  bill  is  due;  provided,  that  the  district 
clerk,  whenever  authorized  by  said  board,  may  purchase 
such  supplies  for  the  school  or  schools  under  its  control, 
and  shall  present  an  itemized  bill  of  the  Same  with  his 


(a)  See  section  3,  div.  VIII. 

(b)  See  foot-note  to  sections   120.   121,   i.^o  and  132. 

(c)  By  force  of  the  Sc-th  section  of  the  School  Law  a  contract  for  a 
heating  apparatus  to  be  installed  in  a  schoolhouse  can  be  entered  into 
by  a  board  of  education  only  when  the  same  has  been  presented  and 
passed  upon  by  the  board  at  a  regularly  called  meeting:  :t  is  not 
competent  for  the  board  to  abdicate  this  duty  by  delegating  to  its 
president  and  clerk  authority  to  enter  into  such  a  contract  on  it9 
behalf.  American  Heating  and  Ventilating  Co.  v.  Board  of  Education. 
52   Vr.  42:,. 


SCHOOL  LAW 


5i 


affidavit  attached,  which  bill  shall  be  acted  on  and  paid 
as  other  bills  are  paid.  Every  person  presenting  any  such 
bill  exceeding  in  amount  the  sum  of  five  dollars,  shall 
make  an  affidavit  that  the  goods  or  services  itemized  in 
said  bill  have  been  delivered  or  rendered,  and  that  no 
bonus  nor  reward  has  been  given  or  received  by  any  per- 
son with  the  knowledge  of  the  deponent  in  connection 
with  the  claim,  and  that  said  bill  is  correct  and  true.  The 
district  clerk  is  hereby  authorized  to  take  said  affidavit 
without  cost. 

102.  (91-)  Every  board  of  education  organized  un- 
der the  provisions  of  this  article  shall,  by  the  majority 
vote  of  all  the  members  of  such  board,  appoint  a  district 
clerk,  who  may  be  elected  from  among  said  members, 
and  shall  fix  his  compensation  and  term  of  employment. 
Said  district  clerk,  as  such,  may  be  removed  by  a  ma- 
jority vote  of  all  the  members  of  said  board.  He  shall, 
before  entering  upon  the  duties  of  his  office,  execute  and 
deliver  to  said  board  a  bond  in  a  sum  to  be  fixed  by  said 
board,  with  surety  or  sureties  to  be  approved  by  said 
board,  conditioned  for  the  faithful  performance  of  the 
duties  of  his  office.  Said  board  may  accept  the  bond  or 
undertaking  of  a  trust  company,  or  surety  or  indemnity 
company,  and  may  pay  the  annual  premium  or  fee  therefor 
as  a  current  expense  of  said  board.  He  shall  record  in 
a  suitable  book  all  proceedings  of  the  Board  of  Education, 
of  the  annual  school  meetings  and  of  special  school  meet- 
ings. He  shall  pay  out  by  orders  on  the  custodian  of  the 
school  moneys  of  the  school  district,  and  in  the  manner 
prescribed  by  law,  all  school  moneys  of  the  district.  He 
shall  keep  a  correct  and  detailed  account  of  all  the  expen- 
ditures of  school  moneys  in  the  district,  and  shall  report 
to  the  board  at  each  regular  meeting  the  amount  for  which 
warrants  shall  have  been  drawn  since  the  date  of  his  last 
report,  the  accounts  against  which  said  warrants  shall 
have  been  drawn,  and  the  balance  to  the  credit  of  each  ac- 
count. At  each  annual  school  meeting  he  shall  present 
his  record  books  and  his  accounts  for  public  inspection, 
and  shall  make  a  statement  of  the  financial  condition  of 
the  district.     He  shall  post  notices  of  the  annual  and  of 


Aftidarlt 
to    bill*. 


District 

cli-rk. 

P.    L.    1909. 

Chap.    11. 


Bond 


Kecords, 
duties,    ete. 


Annual 
report. 


Further 
duties. 


52 


SCHOOL  LAW. 


Wheo  balance 
nalnry    paid. 


Member 
removed    for 
non-attend- 
ance. 

P.  L.   1903, 
Special 
session. 


Semi-annual 
meetings    of 
boards  of 
education. 
Ibid. 


Right  t. 
sue.  etc 
Ibid.      • 


any  special  meeting  of  the  legal  voters,  and  shall  insert 
in  said  notices  the  object  or  objects  for  which  said  meet 
ing  shall  be  called;  shall  notify  all  members  of  the  Board 
of  Education  of  all  regular  and  special  meetings  of  the 
board,  and  during  the  month  of  July  in  each  year  he  shall 
present  to  the  Board  of  Education  a  detailed  report  of 
the  financial  transactions  of  the  board  during  the  pre- 
ceding school  year,  and  file  a  copy  thereof  with  the  County 
Superintendent  of  Schools.  The  warrant  or  order  for  the 
balance  of  salary  due  a  district  clerk  at  the  close  of  the 
school  year  shall  not  be  delivered  to  him  until  written 
notice  has  been  received  from  the  County  Superintendent 
that  such  district  clerk  has  filed  with  him  such  annual 
report,  (a) 

103.  (92-)  A  member  of  a  board  of  education  elected 
under  the  provisions  of  this  article  who  shall  fail  to 
attend  three  consecutive  regular  meetings  of  said  board, 
without  good  cause,  may  be  removed  by  said  board,  and 
the  vacancy  thus  created  shall  be  filled  in  the  same  man- 
ner as  other  vacancies  in  the  Board  of  Education  shall 
be  filled. 

104.  (93-)  The  boards  of  education  in  the  several 
school  districts  in  each  county  organized  under  the  pro- 
visions of  this  article,  shall  meet  together  semi-annually 
at  such  time  and  places  as  the  County  Superintendent  of 
Schools  shall  appoint. 

105.  (94-)  A  board  of  education  may,  in  its  corporate 
capacity,  sue  and  be  sued,  complain  and  defend  in  any 
court  of  law  and  equity,  and  employ  counsel  therefor, 
and  the  amount  of  the  expense  incurred  by  said  board 
in  conducting  or  defending  any  such  suit  shall  be  certi- 
fied to  the  assessor  by  the  president  and  district  clerk  of 
such  board,  and  said  amount  shall  be  assessed  and  col- 


(a)  i.  An  order  of  the  district  clerk  which  specifies  the  object  for 
which  it  was  given,  without  any  designation  of  the  yearly  taxes  out 
of  which  it  shall  be  payable,  is  a  sufficient  voucher  for  the  township 
collector.     Zimmermann  v.  Mathe,   20  Vr.  45. 

2.  The  township  collector  pay  ng  out  school  moneys  on  statutory 
orders  is  not  responsible  for  the  application  the  school  trustees  have 
made  of  the   money.     Ibid. 


SCHOOL  LAW. 


53 


lected  in  the  next  annual  tax  levy,   (a) 

106.  (05.)  The  legal  voters  (b)  of  each  township,  in- 
corporated town  or  borough  school  district  may,  at  any  folrs  Mhooi  * 
annual  or  special  meeting  of  said  legal  voters,  by  the  ['"T.^Toio. 
vote  of  a  majority  of  those  present,  raise  by  a  special  thap'  242" 
district  tax  such  sum  or  sums  as  a  majority  of  said  legal 
voters  present  at  such  meeting  may  agree  upon  for  any 
or  all  of  the  following  purposes :  To  enable  the  Board  enumerated, 
of  Education  to  purchase  or  take  and  condemn  land  for 
school  purposes;  to  build,  enlarge,  repair  or  furnish  a 
schoolhouse,  or  to  pay  a  debt  incurred  therefor;  for  in- 
dustrial schools,  for  manual  training,  and  for  the  current 
expenses  (c)  of  the  schools,  in  which  term  shall  be  in- 
eluded  principals',  teachers',  janitors'  and  medical  in- 
spectors' salaries,  fuel,  text-books,  school  supplies,  flags, 
transportation  of  pupils,  tuition  of  pupils  attending  schools 
in  other  districts  with  the  consent  of  the  Board  of  Educa- 
tion, school  libraries,  compensation  of  the  district  clerk, 
of  the  custodian  of  the  school  moneys  and  of  truant  officers, 
truant  schools,  insurance  and  the  incidental  expenses  of 
the  schools.  In  case  any  money  shall  be  ordered  to  be 
raised  by  special  tax,  the  district  clerk  shall  make  out  and 
sign  a  certificate  thereof,   (d)   under  oath  or  affirmation, 


(a)  1.  An  action  against  a  municipal  corporation  cannot  be  brought 
in  the  court  for  the  trial  of  small  causes.  Princeton  v.  Mount,  5 
Dutcher  299:  Townsend  v.  School  Trustees,  etc.,  12  Vr.  312;  School 
Trustees  v.  Stockcr.   13   Vr.   115. 

2.  The  action  must  be  brought  against  the  district  by  its  corporate 
name,  and  not  against  the  trustees  in  their  individual  names,  with 
the  description  appended  of  trustees,  etc.  Sproul  v.  Smith,  11  Vr. 
314. 

(b)  For  defin  tion  of  "legal  voters"  see  section  93. 

(c)  The  phrase  "current  expenses"  or  "running  expenses"  is  suf- 
ficiently definite  to  denote  one  of  the  purposes  for  which  a  school 
tax  is  to  be  levied.     Stanton  v.  Board  of  Education,  39   Vr.  496. 

(d)  1.  To  sustain  an  assessment  ordered  by  the  inhabitants  of  a 
school  district  called  together  for  that  purpose,  the  proof  must  be 
clear  that  ten  days'  lesal  notice  of  the  time,  place  and  purpose  of  such 
meeting  was  given.     State  v.  Van   Winkle,   1   Dutcher  73. 

2.  Where  an  assessment  of  a  tax  for  the  purpose  of  building  a 
schoolhouse  is  ordered,  the  sworn  certificate  statine  that  the  notice 
of  the  meeting  was  eiven  "in  accordance  with  the  act"  is  not  sufficient. 
The  certificate  should  state  what  the  not:ce  was.  when  and  where  put 
un.  and  all  the  fncts  necessary  to  show  that  the  law  hns  been  com- 
plied with.  State  v.  Hardcaslle,  2  Dutcher  143  ;  3  Dutcher  551  ; 
Cochran  v.  Garrabravt.  3  Vr.  444;  Banghart  v.  Sullivan.  7  Vr.  89; 
Trustees,  etc.,  v.  Padden,  15  Vr.  151  ;  Quaid  v.  Trustees,  etc.,  20 
Vr.  60-7. 

3.  When   a    meeting   of  the   inhabitants   of   a   school   district   is   held 


54 


SCHOOL  LAW. 


Time    for 
payment    to 
custodian. 


ProrlBo. 


'riitlsn. 


that  the  same  is  correct  and  true,  and  deliver  the  same  to 
the  Board  of  Taxation  of  the  county  in  which  such  school 
district  shall  be  situate,  on  or  before  the  third  Tuesday  in 
August  in  each  year,  and  shall  send  a  duplicate  of  said 
certificate  to  the  County  Superintendent  of  Schools.     The 
assessor  of  any  taxing  district  shall  assess  on  the  inhab- 
itants of  the  school  district  and  their  estates,  and  the  tax- 
able property  therein,  in  the  same  manner  as  other  taxes 
shall  be  assessed,  and  the  collector  of  such  taxing  district 
shall  levy  and  collect  such  sum  of  money  as  shall  have 
been  ordered  to  be  raised  by  the  legal  voters  in  the  manner 
aforesaid,  and  shall  pay  the  same  to  the  custodian  of  the 
school  moneys  of  the  school  district  as  is  in  this  act  pro- 
vided, and  for  collecting  said  tax,  said  collector,  except 
such  as  receive  a  salary  in  lieu  of  fees,  shall  receive  an 
amount  equal  to  three-fourths  of  one  per  centum  of  the 
amount  of  said  tax  collected  by  him,  said  compensation  to 
be  paid  by  the  township  committee  or  other  governing 
body  of  the  municipality  wherein  said  tax  shall  be  col- 
lected.    Said  collector  shall  pay  to  said  custodian,  on  or 
before  the  twenty-second  day  of  December  in  each  year, 
the  full  amount  of  said  tax  out  of  any  moneys  in  his  hands, 
except  moneys  received  from  the  County  Collector  on  the 
order  of  the  County  Superintendent  of  Schools;  provided, 
that  when  there  shall  be  no  funds  in  the  hands  of  said 
collector  available   for  such  purpose,  the  township  com- 
mittee, common  council  or  other  body  having  control  of 
the  finances  of  the  municipality  in  which  such  school  dis- 
trict shall  be  situate,  shall  borrow  and  appropriate  a  sum 
sufficient  for  such  purpose;  provided  further,  that  when 
any  meeting  shall  be  held  as  aforesaid  it  shall  not  be  law 


and  money  voted  to  be  raised  by  taxation  at  a  specia-1  meeting,  the 
previous  act'on  of  the  trustees  in  calling  the  meeting  should  appear 
in  the  certificate  of  the  clerk  to  the  assessor.  Lamb  v.  Hurff,  9 
Vr.  310. 

4.  It  is  essential  to  the  validity  of  the  certificate  of  the  district 
clerk  that  it  set  forth  that  due  notice  has  been  given  of  the  amount 
proposed  to  be  raised  at  the  district  meeting.  It  is  also  necessary 
that  it  appear  by  the  certificate  that  the  meeting  was  ordered  by  the 
trustees.     Slack   v.  Palmer,    10    Vr.   250. 

5.  The  certificate  of  the  district  clerk  must  show  how  the  amount 
ordered  to  be  raised  was  apportioned  by  the  legal  voters.  Corriga* 
v.   Duryea,   11   Vr.  266;   Trustees,  etc.,  v.  Padden,   15   Vr.   151. 


SCHOOL  LAW. 


55 


ful  for  such  meeting  to  order  a  greater  sum  of  money 
raised  by  special  tax  than  shall  have  been  mentioned  and 
designated  in  the  notices  calling  such  meeting,  (a) 

107.  (96.)  At  any  annual  or  special  meeting  when 
money  shall  be  ordered  raised  for  school  purposes  by  a 
special  district  tax  or  by  the  issue  of  bonds,  the  legal 
voters  shall  vote  by  ballot.  The  chairman  of  the  meeting 
shall  appoint  two  tellers,  who  shall  receive  and  count  the 
ballots  in  his  presence.  The  secretary  of  the  meeting 
shall  keep  a  poll-list  and  shall  record  therein  the  name 
of  each  person  voting,  and  shall  also  keep  a  tally-sheet 
of  the  votes  as  counted.  The  tally-sheet  shall  be  signed 
by  the  chairman  and  tellers,  and  said  tally-sheet,  poll-list 
and  ballots  shall  be  placed  by  the  secretary  in  a  sealed 
package,  indorsed  with  the  name  of  the  district,  the  name 
of  the  county  in  which  the  district  shall  be  situate,  and 
the  date  on  which  said  election  shall  have  been  held,  and 
said  package,  together  with  a  statement  of  the  results 
of  such  election,  signed  by  the  chairman  and  secretary, 
shall,  within  five  days  after  the  date  of  said  meeting, 
be  forwarded  by  said  secretary  to  the  County  Superin- 
tendent of  Schools,  and  the  same  shall  be  preserved  by 
him  for  one  year. 

108.  (97-)  The  legal  voters  of  any  school  district  incor- 
porated as  provided  in  section  eighty-four  (b)  of  the  act 

(a)  1.  Under  the  statutes  of  this  State,  school  districts  are  polifca] 
organizations  possessing  the  power  of  taxation.  Landis  v.  School 
District,   etc..   28    Vr.    509. 

2.  School  taxes  must  be  assessed  upon  the  same  property  and  in 
the  same  manner  as  all  other  taxes.     Roll  v.  Perrine,  5   Vr.  254. 

3.  School  taxes  illegally  assessed  will  be  set  aside  by  certiorari  by 
the  persons  aggrieved.     State  v.  Browning,  3  Dutcher  527  ;  4  Dutcher 

556. 

4.  The  resolution  passed  at  the  district  meeting  must  direct  the 
particular  purpose  for  which  the  money  is  to  be  raised,  which  must 
be  one  of  the  purposes  mentioned  in  the  act  and  must  be  stated  in 
the  notices.  If  money  is  voted  for  more  than  one  purpose,  the  resolu- 
tion must  specify  the  amount  apportioned  to  each.  Cochran  v.  Gar- 
rabrant,  3  Vr.  444 ;  Banghart  v.  Siillivan,  7  Vr.  89  :  Lorrigan  v. 
Duryea,   11    Vr.  266;  Schomp  v.  Cole,  22   Vr.  277. 

5.  A  resolution  to  raise  a  single  sum  for  building  and  furnishing 
a  schooJhouse  is  not  bad  for  uncertainty,  because  the  amount  to  be 
used  for  bu  lding  and  the  amount  for  furnishing  are  not  separately 
stated.     Stackhoitse  v.   Clark,  23   Vr.   291. 

6.  A  resolution  to  sell  an  old  schoolhouse  passed  at  the  same  meet- 
ing that  it  was  resolved  to  raise  money  to  build  a  new  schoolhouse  is 
illegal  because  no  notice  was  given  that  the  former  would  be  a  sub- 
ject for  consideration  at  the  meeting.     Ibid. 

(b)  The   number   refers   to   that   in    (      ). 


Vote    to    b« 

by    ballot. 
P.    L.    190S. 
Special 

seffilfii 


Election,    htcw 
conducted. 


Report    to 
county    su- 
perintendent. 


Bonds   for 
lands    and 
buildings. 
P.  L.   1913 
Chap.    68 


SCHOOL  LAW. 

to  which  this  act  is  an  amendment  may,  either  at  the 
annual  meeting  of  said  district  or  at  a  special  meeting 
thereof  called  for  that  purpose,  by  the  vote  of  a  major- 
ity of  the  legal  ballots -cast,  authorize  the  board  of  educa- 
tion to  issue  bonds  of  the  district  for  purpose  of  pur- 
chasing or  taking  and  condemning  land  for  school  pur- 
poses, or  building  a  schoolhouse  or  schoolhouses,  or  making 
additions,  alterations,  repairs  or  improvements  in  or  upon 
any  schoolhouse  and  the  lands  upon  which  the  same  shall 
be  located,  and  of  purchasing  school  furniture  and  other 
necessary  equipment.  Such  bonds  shall  be  issued  in  the 
corporate  name  of  the  district,  for  such  sums  and  in  such 
amounts  and  payable  at  such  times,  but  not  more  than 
thirty  years  from  date  thereof,  as  directed  by  a  majority 
of  the  legal  ballots  cast,  with  interest  at  a  rate  not  ex- 
ceeding six  per  centum  per  annum,  payable  half  yearly. 
Said  bonds  may  be  registered  or  coupon  bonds  or  may  be 
registered  and  coupon  bonds  combined,  and  shall  be  signed 
by  the  president  of  the  board  of  education  and  attested 
by  the  district  clerk;  shall  bear  the  seal  of  the  district, 
and  in  the  case  of  coupon  bonds,  shall  have  coupons  at- 
tached for  current  payment  of  interest,  which  coupons 
shall  be  signed  by  the  district  clerk  and  shall  be  numbered 
to  correspond  to  the  several  bonds  to  which  they  shall 
severally  be  attached.  Bonds  so  issued  shall  be  numbered 
and  a  proper  registry  thereof  shall  be  kept  by  the  district 
clerk.  Such  bonds  may  be  sold  at  public  or  private  sale 
for  the  best  obtainable  price,  but  not  less  than  par.  (a) 


(a)  i.  It  is  necessary  that  it  shall  clearly  and  unequivocally  appear 
upon  the  face  of  the  proceed  ngs  for  the  issue  of  bonds  of  a  school 
district,  that  the  bonds  are  to  be  issued  only  for  "purposes  which  the 
statute  authorizes  them  to  be  issued  for.  Chamberlain  v.  Cranbury, 
29   Vr.  347. 

2.  Bonds  issued  by  school  districts  are  not  mere  mortgages,  but 
are  evidences  of  legal  debts  of  the  districts  issuing  them.  McCully 
v.  Board  of  Education,  etc.,  34  Vr.   18. 

3.  A  bank  agreed  in  wrting  to  purchase  school  bonds  to  be  issued 
and  to  pay  for  them  "on  or  about  the  time  of  the  signing  of  the  con- 
tracts for  the  construction  of  a  school  building  about  to  be  erectea 
on  W  street  on  the  site  known  as  the  K  site,"  said  site  was  that 
authorized  and  described  in  the  preliminary  proceed  ners  and  special 
election  required  by  law  which  had  been  approved  by  the  Attorney- 
General  as  complying  with  the  statutory  requirements.  Subsequently 
the  site  was  abandoned,  another  chosen,  and  bonds  issued  based  on 
a  second  election  describing  such  new  s'te.  It  did  not  appear  that 
these  later  proceedings  were  approved  by  the  Attorney-General.     Held. 


SCHOOL  LAW.  57 

109.  (93.)   Whenever  bonds  shall    have    been    legally    £cnndeawal  "f 
issued   by   any   township,   incorporated   town   or   borough    Ibld- 
school  district,  and  the  same  shall  be  due  and  unpaid  or 
outstanding,   the    Board   of    Education    of    such    district, 

when  authorized  so  to  do  by  the  legal  voters  thereof  at 
an  annual  meeting  of  said  district,  or  at  a  special  meet- 
ing thereof  called  to  act  thereon,  shall  have  power  to 
renew  such  outstanding  bonds  or  any  part  thereof  by 
the  issuing  of  new  bonds  for  that  purpose,  in  the  name 
and  under  the  seal  of  said  district.  Such  bonds  shall 
be  in  the  general  form  of  the  bonds  theretofore  issued  by 
said  district,  shall  be  signed  by  the  president  of  the  Board 
of  Education  and  attested  by  the  district  clerk,  shall  bear 
the  seal  of  the  district,  shall  bear  interest  at  a  rate  not 
exceeding  six  per  centum  per  annum,  and  shall  be  issued 
for  such  sums  and  in  such  amounts  and  payable  at  such 
times  as  the  legal  voters  at  such  meeting  shall  direct. 
Such  bonds  shall  have  coupons  attached  for  current  pay- 
ment of  interest,  (a)  which  coupons  shall  be  signed  by  the 
district  clerk  and  shall  be  numbered  to  correspond  to  the 
several  bonds  to  which  they  shall  be  severally  attached. 
Bonds  so  issued  shall  be  numbered  and  a  proper  registry 
thereof  kept  by  said  district  clerk.  They  may  be  sold  at 
public  or  private  sale  for  the  best  obtainable  price,  but  not 
less  than  par,  and  the  money  realized  from  such  sale  shall 
be  applied  to  the  taking  up  and  cancellation  of  such  out- 
standing bonds ;  or  said  renewal  bonds  may  be  exchanged 
for  such  outstanding  bonds  on  an  equal  basis  of  principal 
and  interest,  and  the  bonds  so  redeemed  shall  be  forthwith 
cancelled  by  the  Board  of  Education  of  said  district,   (b) 

110.  (99-)    Bonds  of  any  school  district  issued  under 

the  provisions  of  this  article  shall  be  a  lien  upon  the  real    on  an 

property    In 

that  the  bonds  issued  under  such  latter  proceedings  were  not  a  com-     districts. 
pliance    with   the   contract.     Bank   of  Bergen   Co.  v.   Board   of  Educa-     Ibld" 
Hon,  55   Vr.  694. 

4.  When  a  board  of  education,  with  authority  to  issue  bonds,  at  a 
regularly  called  meeting  resolved  that  the  president  and  distr  ct  clerk 
be  authorized  and  directed  to  execute  the  bonds,  such  resolution  con- 
ferred complete  authority  on  the  president  and  clerk  and  bonds  is- 
sued by  them  pursuant  to  such  authority  were  validly  executed. 
Linbarger  v.  Board  of  Education,  85  At.  Rep.  235. 

(a)  See  sections  299  and  300. 

(b)  See  sections  299,  300  and  301. 


58 


SCHOOL  LAW 


Proceedings 
to   be 

approved    by 
n.ttorney- 
general 


Notice    to 

assessor. 

Ibid 


Collertiou    of 
tax   to  pay 
bonds   and 
interest. 


Cancellation 
of    bonds. 
Ibid. 


estate  situate  in  said  district,  and  the  personal  estates 
of  the  inhabitants  of  the  said  district,  as  well  as  the 
property  of  said  district,  and  said  estates  and  property, 
shall  be  liable  for  the  payment  of  the  same.  Whenever 
bonds  shall  be  authorized  to  be  issued  by  any  school  dis- 
trict as  aforesaid,  the  district  clerk  shall  transmit  certified 
copies  of  the  record  of  the  proceedings  authorizing  the 
issuing  of  such  bonds  to  the  Attorney-General  for  his  ap- 
proval of  the  legality  of  said  proceedings,  and  duplicate 
copies  of  such  record  shall  be  filed  with  the  Commissioner 
of  Education. 

111.  (ioo.)  Whenever  a  township,  incorporated  town 
or  borough  school  district  shall  have  ordered  and  author- 
ized the  issue  of  bonds  and  the  same  shall  have  been 
issued,  the  district  clerk  shall,  each  and  every  year,  issue 
to  the  assessor  of  the  taxing  district  in  which  such  school 
district  shall  be  situate,  an  order  directing  him  to  assess 
upon  the  owners  of  property  in  said  taxing  district  and 
their  estates,  and  the  taxable  property  therein,  an  amount 
sufficient  to  pay  the  bond  or  bonds  maturing  in  such 
year,  together  with  the  interest  accruing  upon  all  the  un- 
paid bonds  of  such  district,  which  order  so  issued  as  afore- 
said shall  be  duly  executed  by  said  assessor.  The  moneys 
so  assessed  shall  be  levied  and  collected  by  the  collector  of 
said  taxing  district,  who  shall  on  or  before  the  fifth  day 
of  January  next  thereafter,  pay  the  full  amount  so  ordered 
to  be  assessed,  levied  and  collected  to  the  custodian  of 
the  school  moneys  of  said  school  district,  who  shall,  upon 
the  receipt  of  the  orders  of  the  Board  of  Education,  signed 
by  the  president  and  attested  by  the  district  clerk  (which 
orders  shall  state  at  what  bank  the  said  principal  and  in- 
terest shall  be  payable),  deposit  in  such  bank  the  sum  of 
money  necessary  to  pay  the  principal  and  interest  as  they 
shall  become  due  and  payable. 

112.  (ioi.)  On  the  taking  up  of  outstanding  bonds, 
or  on  the  payment  of  bonds  of  any  township,  incorpo- 
rated town  or  borough  school  district  the  Board  of  Edu- 
cation of  such  district  shall  forthwith  cancel  the  same, 
and  when  so  cancelled  they  shall  be  deposited  in  the  of- 
fice of  the  Commissioner  of  Education. 


SCHOOL  LAW.  59 

113.  (102.)  The  district  clerk  in  any  district  in  which  ggg^J., 
there  shall  be  any  interest-bearing  school  debt  shall,  on  g°p|J"^<ind. 
or  before  the  first  day  of  August  in  each  year,  report  to   j'°£ 

the  Commissioner  of  Education  the  amount  of  such  debt 
then  remaining  unpaid,  together  with  the  rate  of  interest, 
the  date  or  dates  on  which  the  bonds,  notes  or  other  evi- 
dences of  indebtedness  were  issued,  and  the  date  or  dates 
on  which  they  will  fall  due. 

114.  (1.)    Whenever  the   board  of   education   of   any    g^^T* 
school  district  in  this  State  has  heretofore  issued  and  sold,   p01^3;  1913 
or  shall  hereafter  issue  and  sell,  a  note  or  notes  for  the   Chap-  13°- 
purpose  of  purchasing  land,  the  erection  of  a  schoolhouse, 

the  purchase  of  furniture  and  equipment  for  such  school- 
house  or  for  erecting  an  addition  to  any  schoolhouse,  or 
for  repairs  or  improvements  in  or  upon  any  schoolhouse, 
and  said  note  or  notes  are  now  or  shall  hereafter  be  out- 
standing and  unpaid,  the  board  of  education  of  such  school 
district  may  issue  bonds  for  the  purpose  of  redeeming 
and  paying  off  such  notes.  Such  bonds  shall  be  authorized 
and  issued  in  the  same  manner  as  bonds  for  the  erection 
or  improvement  of  schoolhouses  are  now  authorized  to  be 
issued  in  such  district. 

115.  (10?.)  Whenever  a  township,  incorporated  town  consolidation 
or  borough  school  district  shall  desire  to  consolidate  with    p.  l-  i»03. 

....  ,  •  •  ,  ,       Special 

an  adjoining  township,  incorporated  town  or  borough  session, 
school  district,  the  Board  of  Education  of  said  district 
shall  petition  the  County  Superintendent  of  Schools  of 
the  county  in  which  said  district  shall  be  situate,  to  ap- 
point a  time  when  meetings  of  the  legal  voters  of  the 
districts  proposed  to  be  consolidated  shall  be  held,  and 
said  County  Superintendent  of  Schools  shall,  upon  re- 
ceiving said  petition,  appoint  a  day  for  said  meetings,  and 
shall  notify  the  Board  of  Education  of  each  of  said  dis-  electlon- 
tricts  of  his  action.  Each  Board  of  Education  receiving 
such  notification  shall  cause  its  district  clerk  to  post  notices 
calling  a  special  meeting  of  the  legal  voters  of  the  district 
for  the  purpose  of  voting  on  the  question  of  the  consolida- 
tion of  said  districts.  Said  meeting  shall  be  called  in  the 
same  manner  as  other  special  meetings  are  called,  and 
shall  be  held  on  the  day  designated  therefor  by  the  County 


Time,    notice. 


6o 


SCHOOL  LAW. 


Report   to, 
and    action 
by,    county 
superintend- 
ent. 


Board    of 
education    of 
consolidated 
district. 
Ibid. 


Proviso. 


Superintendent  of  Schools,  at  such  hour  and  place  as  may 
be  determined  by  the  Board  of  Education.  The  election 
shall  be  by  ballot,  and  the  chairman  shall  appoint  two 
tellers,  who  shall  receive  and  count  the  ballots  in  the 
presence  of  the  chairman  of  the  meeting.  The  secretary 
of  the  meeting  shall  keep  a  poll-list  and  shall  record  therein 
the  name  of  each  person  voting  at  such  meeting,  and  shall 
also  keep  a  tally-sheet  of  the  votes  as  counted  by  the 
tellers.  The  tally-sheet  shall  be  signed  by  the  chairman 
and  tellers,  and  said  tally-sheet,  poll-list  and  ballots  shall 
be  placed  in  a  sealed  package  by  the  secretary,  indorsed 
with  the  name  of  the  district,  the  name  of  the  county  in 
which  said  district  shall  be  situate,  and  the  date  on  which 
said  election  shall  have  been  held,  and  said  package,  to- 
gether with  a  statement  of  the  result  of  said  election, 
signed  by  the  chairman  and  secretary,  shall  be,  within  five 
days  after  the  date  of  said  election,  forwarded  by  said 
secretary  to  the  County  Superintendent  of  Schools,  and 
the  same  shall  be  preserved  by  him  for  one  year.  If  the 
County  Superintendent  of  Schools  shall  ascertain  from 
said  statements  that  the  number  of  votes  cast  in  each  of 
said  districts  in  favor  of  consolidation  exceeds  the  number 
of  votes  cast  against  the  same,  he  shall  immediately  notify 
each  of  the  Boards  of  Education  of  the  result  of  said  elec- 
tion, and  thereafter  said  districts  shall  constitute  but  one 
district. 

116.  (104.)  The  Board  of  Education  of  each  district 
consolidated  in  the  manner  provided  in  the  preceding  sec- 
tion shall,  upon  receipt  of  the  notice  from  the  County 
Superintendent  of  Schools  of  such  consolidation,  select 
by  lot  four  of  its  number  to  serve  as  members  of  the 
Board  of  Education  of  the  consolidated  district,  and  the 
eight  members  so  selected  shall  select  the  ninth  member 
of  said  board  from  among  the  remaining  members  of  the 
Board  of  Education  of  that  district  which  shall  employ 
the  greater  number  of  teachers ;  provided,  that  if  the  Board 
of  Education  of  one  of  the  districts  so  consolidated  shall 
consist  of  but  three  members,  all  of  said  members  shall 
be  members  of  the  Board  of  Education  of  the  consolidated 
district,  and  four  members  of  said  board  shall  be  chosen 


SCHOOL  LAW.  61 

as  hereinbefore  provided  from  the  Board  of  Education 
of  the  other  district  so  consolidated ;  and  provided  further,  Proviso, 
that  if  each  of  said  Boards  of  Education  shall  consist  of 
three  members  only,  said  board  shall  constitute  the  Board 
of  Education  of  the  consolidated  district,  and  the  board 
constituted  as  hereinbefore  provided  shall  serve  until  the 
nex!t  annual  meeting  for  the  election  of  members  of 
Boards  of  Education,  and  the  terms  of  office  of  the  re- 
maining members  of  the  Board  of  Education  of  each  of 
said  districts  so  consolidated  shall  thereupon  cease  and 
determine.  At  said  annual  meeting  a  Board  of  Education 
shall  be  elected  as  provided  for  the  election  of  members 
of  Boards  of  Education  in  new  township  school  districts. 

117.  (105.)  The  Board  of  Education  of  such  consoli-   2%™™* 
dated  district  shall  be  a  body  corporate  and  shall  have  all   ^d- 

the  powers  and  duties  and  be  subject  to  the  same  restric- 
tions as  a  Board  of  Education  in  a  township  school  dis- 
trict, and  shall  be  'known  as  and  called  "the   Board  of 

Education  of  the  of  (here  insert  the 

name  of  the  municipality  in  which  was  situate  that  dis- 
trict consolidated  as  aforesaid  which  had  the  larger  amount 
of  taxable  property  as  ascertained  from  the  last  published 
report  of  the  State  Comptroller),  in  the  county  of _ __ 

-"  (a) 

118.  (i-)  Whenever  in  this  State  any  township,  incor-  Districts 
porated  town   or  borough   school   district   has   heretofore  to  consolidate 
been  consolidated  with  an  adjoining  township,  incorporated  October, 

1  1  1  1        1  •  •  1  1         j  •  r        1  l903'     to 

town  or  borough   school   district,   by   an   election   of   the    continue  a« 
legal  voters  of  said  township,  incorporated  town  or  bor-   districts, 
ough  school  districts,  so  that  at  the  time  of  the  passage   chap.'  11. 
of  the  act  to  which   this  act  is  a   supplement  the   same 
formed  one  combined  or  consolidated  school  district,  and 
the  legal  voters  of  said  district  have  not,  since  said  time, 
rejected  a  proposition  to  confirm  or  continue  such  con- 
solidation at  an  election  called  for  that  purpose,  and  said 
district  has  been,  since  the  passage  of  said  act,  maintained 

_  (a)  The  fact  that  the  teacher  was  employed  by  the  trustees  of  a 
district  which  was  subsequently  consol  dated  with  another  district 
will  not  bar  his  right  to  recover,  the  new  destrict  having  become  en- 
titled to  all  the  property,  r  ghts  and  assets  of,  and  liable  for  all  just 
claims  against   both   districts.     Sproul  v.   Smith,    n    Vr.   314. 


62 


SCHOOL  LAW 


Consolidated 
districts 
which  issued 
bonds  prior 
to   October, 
1903,     to 
continue    as 
consolidated 
districts. 
P.    L.    1904, 
Chap.    139. 


and  governed  as  one  consolidated  school  district,  such 
district  shall  hereafter  continue  to  exist  as  a  single  con- 
solidated school  district  in  the  same  manner  as  though 
the  said  act  had  not  been  passed,  and  in  the  same  manner 
as  though  said  consolidated  school  district  had  been  erected 
by  an  election  of  the  legal  voters  of  said  district  held  in 
pursuance  of  section  one  hundred  and  three  of  said 
act.    (a) 

119.  (i-)  Where  any  school  district  of  this  State  shall 
prior  to  the  passage  of  the  act  to  which  this  is  a  supple- 
ment, have  issued  bonds  for  the  erection  of  a  graded  or 
high  school  building  therein,  and  at  the  time  of  the  issuing 
of  such  bonds  and  the  erection  of  such  building,  such 
district  shall  have  comprised  the  territory  of  two  adjoin- 
ing municipalities,  the  voters  of  which  shall  have  joined 
or  participated  in  the  election  authorizing  the  issue  of  the 
bonds  of  such  district  for  such  purpose,  and  such  district 
shall  have  at  the  time  of  the  passage  of  said  act  been 
governed  as  a  consolidated  district,  such  school  district 
shall  continue  to  be  governed  as  a  consolidated  district  in 
the  same  manner  as  though  such  consolidation  had  been 
affected  in  the  manner  provided  by  the  act  to  which  this 
is  a  supplement,  and  the  bonds  so  as  aforesaid  issued 
shall  be  deemed  to  have  been  and  shall  continue  to  be  a 
lien  upon  the  inhabitants  and  property  of  the  municipalities 
comprising  such  school  district  at  the  time  of  the  issue 
thereof,  notwithstanding  the  passage  of  the  act  to  which 
this  is  a  supplement. 


(a)  i.  The  act  of  March  4th,  1904,  which  declares  certain  con- 
solidated school  district  then  existing  de  facto  should  continue  to 
exist  as  consolidated  school  districts,  notwithstanding  provisions  to 
the  contrary  in  the  General  School  law,  is  not  unconsttutional,  even 
though  special  and  local,  it  being  in  effect  an  act  merely  for  establish- 
ing school  districts,  and  not  an  act  regulating  and  governing  them, 
nor  providing  for  the  management  and  support  of  the  free  public 
schools  therein.     Hozve  v.  Board  of  Education,  43   Vr.    158. 

2.  The  legislature  may  by  spec:al  act,  create  school  districts,  leaving 
their  government  and  the  maintenance  and  support  of  the  public 
schools  therein  to  be  regulated  by  general  laws  enacted  in  that  behalf. 
Ibid. 


SCHOOL  LAW. 


63 


Article  VIII. 


TEACHERS. 


120.    (106.)    A  Board  of   Education  may  make  rules    fmlfioynTent 
and   regulations  governing  the  engagement  and  employ-    g  E^E 
inent  of  teachers  and  principals,  the  terms  and  tenure  of    SSfu. 
such   employment,   and   the   promotion   and   dismissal   of 
such  teachers  and  principals,  the  salaries,  and  the  time 
and   mode   of   payment   thereof,   and   may    from   time   to 
time  change,  amend  or  repeal  such  rules  and  regulations. 
The  employment  of  any  teacher  by  such  board,  and  the 
rights  and  duties  of  such  teacher  with   respect  to   such 
employment,  shall  be  dependent  upon  and  shall  be  gov- 
erned by  the  rules  and  regulations  in  force  with  reference 
thereto.     If  a  Board  of  Education  shall  not  have  made   contract 

with    teachei 

rules  and  regulations  as  aforesaid,  then  no  contract  be- 
tween such  Board  of  Education  and  a  teacher  shall  be 
valid  unless  the  same  be  in  writing,  or  partly  written  and 
partly  printed,  in  triplicate,  signed  by  the  president  and 
district  clerk  or  secretary  of  the  Board  of  Education  and 
by  the  teacher.  One  copy  thereof  shall  be  filed  with  the 
Board  of  Education,  one  copy  with  the  teacher  and  one 
copy  with  the  County  or  City  Superintendent.  Such  con- 
tract shall  specify  the  date  when  such  teacher  shall  begin 
teaching,  the  kind  and  grade  of  certificate  held  by  said 
teacher,  and  the  date  when  said  certificate  will  expire,  the 
salary,  and  such  other  matter  as  may  be  necessary  to  a 
full  and  complete  understanding  of  the  same.     In  every   school 

r  &  J     month. 

such  contract,  unless  otherwise  specified,  a  month  shall  be 
construed  and  taken  to  be  twenty  school  days  or  four 
weeks  of  five  school  days  each.  The  salary  specified  in 
every  such  contract  shall  be  paid  in  equal  monthly  install- 
ments, not  later  than  five  days  after  the  close  of  each 
month  while  the  school  shall  be  in  session.  Any  contract 
or  engagement  between  a  Board  of  Education  and  a  teacher 
shall  cease  and  determine  and  be  of  no  effect  against  said 
board  whenever  said  board  shall  ascertain  by  notice  in 
writing  received  from  the  County  or  City  Superintendent, 
or  otherwise,  that  said  teacher  is  not  in  possession  of  a 


Dismissal  of 

teacher. 

Ibid 


64  SCHOOL  LAW. 

proper  teacher's  certificate  in  full  force  and  effect,  not- 
withstanding the  term  or  engagement  for  which  such  con- 
tract shall  have  been  made  may  not  then  have  expired. 
The  Commissioner  of  Education  shall  prepare  and  dis- 
tribute blanks  for  contracts  between  Boards  of  Education 
and  teachers,  (a) 

121.  (107.)  In  case  the  dismissal  of  any  teacher  be- 
fore the  expiration  of  any  contract  entered  into  between 
such  teacher  and  a  Board  of  Education  shall,  upon  ap- 
peal, be  decided  to  have  been  without  good  cause,  such 
teacher  shall  be  entitled  to  compensation  for  the  full  term 
for  which  said  contract  shall  have  been  made ;  but  it  shall 
be  optional  with  the  Board  of  Education  whether  such 
teacher  shall  or  shall  not  teach  for  the  unexpired  term,  (b) 

(a)  1.  The  employment  of  teachers  by  school  corporations  is  an  act 
judicial  in  its  character,  and  should  be  done  at  a  meeting  of  the 
trustees  of  which  all  should  have  notice,  and  in  which  all  have  an 
opportun  ty  to  participate.     Toumsend  v.  School  Trustees,   12   Vr.  312. 

2.  A  Board  of  Education  cannot  enter  into  a  contract  with  a  teacher 
for  any  term  when  said  term  is  to  begin  after  the  board  has  ceased 
to  exist.     Fitch  v.  Smith,  28   Vr.  526. 

3.  An  outgoing  board  of  trustees  of  public  schools  cannot  appoint 
to  an  office  that  will  not  become  vacant  during  the  term  of  their  own 
offic  al  life.     Ibid. 

4.  The  board  of  education  of  a  township  employed  a  teacher  to 
teach  in  a  certain  named  school  "under  the  control  of  said  board  of 
education,"  and  he  accepted  the  employment  and  agreed  to  perform 
his  duty  thereunder,  and  to  observe  and  enforce  the  rules  prescribed 
for  the  government  of  the  school  by  the  board  of  education  ;  subse- 
quently the  portion  of  the  township  in  which  the  school  was  situated 
became  by  law  a  separate  school  district.  Held,  that  the  new  school 
d  strict  was  not  bound  by  the  contract.  Board  of  Education  of 
Flcmington  v.  State  Board  of  Education,  52    Vr.  an. 

5.  The  supervising  principal  of  a  school  district  tendered  to  the 
district  board  of  education  her  resignation  to  take  effect  at  a  date 
after  April  1,  191 1.  On  March  31,  191 1,  the  board  decided  not  to 
accept  the  resignation  and  so  not  fied  the  incumbent  on  April  i,  1911. 
On  April  3,  1911,  the  board  (whose  personnel  changed  on  April  1), 
summarily  and  without  notice  to  the  party  affected  accepted  the 
resignation.  Held,  that  such  action  was  invalid  (a)  because  the  ac- 
ceptance of  the  resignation  was  not  pending  on  April  3,  191 1;  (b) 
because  no  notice  or  opportun  ty  to  be  heard  was  afforded  to  the 
party  affected  by  the  summary  action.  Nicholson  v.  Board  of  Educa- 
tion. 54  Vr.   36. 

(b)  1.  A  school  teacher  who  has  rendered  services  according  to  the 
requirements  of  the  School  law,  and  is  refused  compensation  out  of 
the  fund  specially  provided  for  that  purpose,  is  entitled  to  a  man- 
damus  to  compel  the  proper  officers  to  perform  their  duty,  and  to 
make  payment  of  what  is  justly  due.  Apgar  v.  School  Trustees,  5 
Vr.  308. 

2.  In  an  action  brought  by  a  teacher  to  recover  of  the  trustees  of 
a  school  d'strict  for  services  as  a  teacher,  an  objection  that  the  plain- 
tiff was  not  the  holder  of  a  proper  teacher's  certificate  in  full  force 
and  effect  cannot  bo  made  after  the  evidence  is  closea  and  the  cause 
is  being  summed  up.     Sproul  v.  Smith,  11    Vr.  314. 


SCHOOL  LAW.  65 

122.  (108.)  If  a  teacher  employed  by  a  Board  of  Edu-    JJ™JJ  for 
cation  shall  leave  the  school  before  the  expiration  of  the    \'->'vU,a 

1  before 

term  of  his  or  her  employment,  without  the  consent  of    completion 

*      J  of    contract. 

the   Board   of   Education,   said   teacher   shall   be   deemed    Ibid- 
guilty  of  unprofessional  conduct,  and  the  Commissioner 
of  Education  is  authorized,  upon  receiving  notice  of  such 
fact,  to  suspend  the  certificate  of  such  teacher  for  a  period 
not  exceeding  one  year. 

123„    (109.)    Every   teacher   in   a   public    school    shall    Raping 

.  school 

keep  a  school  register  in  the  manner  provided  therefor,    register. 

Ibid. 

and  no  salary  shall  be  paid  to  such  teacher  until  the  dis- 
trict clerk  or  other  officer  or  person  authorized  to  deliver 
the  check,  order  or  warrant  for  such  salary  shall  ascer- 
tain that  such  register  has  been  properly  kept  for  the 
time  for  which  salary  is  demanded,  and  shall  enter  upon 
said  register  a  certificate  to  that  effect.  The  check,  order 
or  warrant  for  the  balance  of  salary  due  any  teacher  at 
the  time  of  closing  the  school  for  the  summer  vacation, 
or  of  leaving  the  school  before  the  end  of  the  school  year, 
shall  not  be  delivered  to  such  teacher  until  the  district 
clerk  or  other  officer  authorized  to  deliver  such  check, 
order  or  warrant  shall  have  received  written  notice  from 
the  County  or  City  Superintendent  that  such  teacher  has 
filed  with  him  his  or  her  annual  report  on  the  blank  fur- 
nished for  that  purpose  by  the  Commissioner  of  Educa- 
tion ;  provided,  that  in  any  school  in  which  more  than  one  Pl.0Ti80. 
teacher  shall  be  employed  the  principal  thereof  shall  fur- 
nish such  report. 

124,    (no.)    No   teacher    shall   be    required   to    teach    obsprvation 
school  on  any  day  declared  by  law  to  be  a  public  holiday,    rLh°lidays' 
and  no  deduction  from  a  teacher's  salary  shall  be  made 
by  reason  of  the  fact  that  a  school  day  happens  to  be  a 


3.  A  school  teacher  who  has  litigated  successfully  before  the  State 
Superintendent  the  controverted  questions  upon  which  her  right  to 
compensation  depends  is  entitled  to  a  wr  t  of  mandamus  to  enforce 
a  decision  in  her  favor.     Thompson  v.  Board  of  Education    2S  Vr    6*8 

4.  In  such  a  case  the  only  burden  upon  the  relator  is  to  show  that 
the  jurisdiction  of  the  State  Superintendent  extended  over  the  oarties 
in   controversy.      Ibid.  ' 

5.  See  foot-notes  to  sections  15  and  117. 

6.  See  section    130. 


66 


SCHOOL  LAW. 


Authority 
over    pupils. 
Ibid. 


Proviso. 


Proviso. 


Corporal 
punishment 
forbidden. 
Ibid. 


Certificate 
neces»ary. 
Ibid. 


Religious 
exercises. 
Ibid. 


Exemption 
from    jury 
duty. 
Ibid. 

Tenure    per- 
manent after 
three    years. 
P.    L.    1909, 
Cbap.    243. 


day  declared  by  law  to  be  a  public  holiday.  Any  contract 
made  in  violation  of  this  section  shall  have  no  force  or 
effect  as  against  a  teacher,  (a) 

125.  (in.)  A  teacher  shall  hold  every  pupil  account- 
able in  school  for  disorderly  conduct  on  the  way  to  or 
from  school,  or  on  the  playgrounds  of  the  school,  or 
during  recess,  and  shall  suspend  from  school  any  pupil 
for  good  cause;  provided,  that  such  suspension  shall  be 
reported  forthwith  by  the  teacher  to  the  Board  of  Edu- 
cation; provided  further,  that  in  any  school  in  which 
more  than  one  teacher  shall  be  employed  the  principal 
alone  shall  have  the  power  to  suspend  a  pupil. 

126.  (II2-)  No  principal,  teacher  or  other  person  em- 
ployed or  engaged  in  any  capacity  in  any  school  or  edu- 
cational institution,  whether  public  or  private,  shall  in- 
flict or  cause  to  be  inflicted  corporal  punishment  upon 
any  pupil  attending  such  school  or  institution,  and  every 
resolution,  by-law,  rule,  ordinance  or  other  act  of  author- 
ity heretofore  or  hereafter  passed,  adopted,  approved,  made 
or  given  by  any  person  or  persons  whomsoever,  natural 
or  artificial,  permitting  or  authorizing  corporal  punish- 
ment to  be  inflicted  upon  any  pupil  attending  or  that  may 
attend  any  school  or  educational  institution  shall  be  hence- 
forth void  and  of  no  force  or  effect. 

127.  (IX3-)  No  teacher  shall  be  entitled  to  any  salary 
unless  such  teacher  shall  be  the  holder  of  an  appropriate 
teacher's  certificate,  (b) 

128.  (114.)  No  religious  service  or  exercise,  except 
the  reading  of  the  Bible  and  the  repeating  of  the  Lord's 
Prayer,  shall  be  held  in  any  school  receiving  any  portion 
of  the  moneys  appropriated  for  the  support  of  public 
schools. 

129.  (115O  No  teacher  shall  be  required  to  serve  on 
any  jury  in  this  State  while  his  school  be  in  session. 

130.  (i-)  The  service  of  all  teachers,  principals,  super- 
vising principals  of  the  public  schools  in  any  school  dis- 
trict  of   this    State   shall   be   during   good   behavior   and 
efficiency,   after   the   expiration   of    a   period    of   employ- 
Ca)      See   sections  284  to  288  and  445   to  448. 

(b)   See  Article  IV  and  Rules  for  Teachers'  Certificates. 


SCHOOL  LAW. 


67 


ment  of  three  consecutive  years  in   that  district,  unless 
a  shorter  period  is  fixed  by  the  employing  board;  pro-    I>r0T1S0- 
vided,   that   the   time   any   teacher,   principal,   supervising 
principal  has  taught  in  the  district  in  which  he  or  she  is 
employed  at  the  time  this  act  shall  go  into  effect,  shall  be 
counted  in  determining  such  period  of  employment.     No    as  to  charges 
principal   or  teacher    shall   be   dismissed   or   subjected   to    0f   salary, 
reduction  of  salary  in  said  school  district  except  for  in- 
efficiency,  incapacity,   conduct   unbecoming  a   teacher   or 
other  just  cause,  and  after  a  written  charge  of  the  cause 
or  causes  shall  have  been  preferred  against  him  or  her, 
signed  by  the  person  or  persons  making  the  same,  and 
filed  with  the  secretary  or  clerk  of  the  Board  of  Education 
having  charge  of  the  school  in  which  the  service  is  being 
rendered,  and  after  the  charge  shall  have  been  examined    Hearing, 
into  and  found  true  in  fact  by  said  Board  of  Education, 
upon  reasonable  notice  to  the  person  charged,  who  may 
be  represented  by  counsel  at  the  hearing.     Charges  may 
be  filed  by  any  person,  whether  a  member  of  said  school 
board  or  not.   (a) 

131.   (2.)   Said  Board  of  Education  shall  have  power    Compei 
to  issue  writs  of  subpoena  on  behalf  of  either  party  to    subpoenas.7 
compel    attendance    of    witnesses    to    testify    before    said    lbld' 
board  in  the  matter  under  investigation,  which  subpoena 
shall  be  issued  under  the  seal  of  said  board  and  be  signed 
by  the  secretary  or  clerk  thereof,  and  shall  be  served  in 
the  same  manner  as  subpoenas  issued  out  of  the  courts  of 
common  pleas  of  this  State,  and  every  person  who  refuses    Penalty, 
or  neglects  to  obey  the  command  of  such  a  writ,  or,  who, 
after  appearing,  refuses  to  be  sworn  and  testify,  shall  in 
either  event  be  liable  to  a  penalty  of  fifty  dollars,  to  be 
sued  for  in  the  name  of  said  board  in  any  court  of  com- 
petent jurisdiction,  which  penalty  when  collected  shall  be 
paid   to   the    treasurer    or   custodian    of   moneys    of    said 

(a)   The  prosecutrix   had   served   three  consecutive  years   as   school 
teacher   in   the   public    schools   of   Paterson   and,   therefore,    holds    her 


Ccn_iici     iti     Luc     puunL     s^nuuia     ui     t  aiciaun     auu,     iiicxciuic,     nuiub     uci 

:mployment  during  good  behavior  and  efficiency  and  is  not  subject 
iO  a  reduction  of  salary.  A  resolution  by  the  board  of  education 
changing  the  mode  of  payments  from  ten  equal  monthly  payments 
to  twelve,  and  which  in  effect  clearly  reduces  her  salary,  is  in  clear 
violation  of  the  section.  Gowdy  v.  Board  of  Education,  55  Vr.  231, 
and  89  At.  Rep.   1135. 


68 


SCHOOL  LAW. 


Oaths. 


Dismiss 
teachers    if 
pupils 
decrease. 
Ibid. 


Proviso. 


Who  entitled 
to   pensions. 
P.    L.    1914, 
Chap.   268. 


Amount. 
Proviso. 

Proviso. 


Proviso. 


board.  Any  member  of  said  board  is  hereby  authorized 
to  administer  oaths  to  such  witnesses  as  may  appear  or  be 
brought  before  it,  and  any  person  who  shall  have  been  so 
sworn  and  who  shall  testify  falsely,  shall  be  guilty  of 
perjury. 

132.  (3-)  Nothing  herein  contained  shall  be  held  to 
limit  the  right  of  any  school  board  to  reduce  the  num- 
ber of  principals  or  teachers  employed  in  any  school  dis- 
trict when  such  reduction  shall  be  due  to  a  natural  diminu- 
tion of  the  number  of  pupils  in  said  school  district;  and 
provided  further,  that  the  service  of  any  principal  or 
teacher  may  be  terminated  without  charge  or  trial  who  is 
not  the  holder  of  a  proper  teacher's  certificate  in  full  force 
and  effect. 

133.  (i-)  After  a  total  period  of  not  less  than  thirty- 
five  years  of  actual  service,  every  teacher,  teacher-clerk, 
principal  and  person  employed  in  any  supervisory  capacity 
in  or  under  any  system  of  free  public  schools  in  this  State 
or  any  other  State,  shall  be  eligible  to  retirement  from 
active  service  and  shall  receive  annually  a  sum  equal  to 
one-half  of  the  average  annual  salary  received  during  the 
last  five  years  of  such  actual  service ;  provided,  that  the 
last  twenty-five  years  of  such  actual  service  shall  have 
been  performed  in  this  State;  provided,  further,  that  any 
teacher  who  has  reached  the  age  of  seventy  years  and 
whose  last  twenty  years  of  service  have  been  performed 
in  this  State,  shall  also  be  eligible  to  retirement  under  this 
act;  and  provided,  further,  that  any  teacher  who  has 
reached  the  age  of  seventy-five  years,  and  who  has  per- 
formed thirty-two  years  of  service  in  this  State,  shall 
also  be  eligible  to  retirement  under  this  act;  and  provided, 
fur  titer,  that  any  person  who  has  served  a  total  period  of 
not  less  than  thirty-five  years  as  teacher,  clerk,  or  prin- 
cipal, or  in  any  supervisory  capacity,  under  the  system  of 
free  public  schools  in  this  State,  and  who  has  heretofore 
been  or  shall  hereafter  be  retired  or  discharged  from 
such  service  by  reason  of  physical  disability,  and  who  has 


SCHOOL  LAW. 


69 


reached  the  age  of  seventy  years,  shall  be  eligible  to  re- 
ceive a  pension  and  to  be  retired  under  this  act.  (a) 

134.  (2.)  Application  for  such  retirement  shall  be  un- 
der oath  of  the  applicant,  and  shall  specify  and  contain 
proof  of  the  places  or  districts  and  the  term  or  terms  of 
such  periods  of  actual  service,  which  shall,  so  far  as  pos- 
sible, be  verified  by  the  board  of  education,  other  body 
or  person,  by  which  said  application  is  received  or  said 
applicant  employed;  or  such  retirement  may  be  effected 
by  resolution  of  the  said  employing  board,  body  or  person, 
which  board,  body  or  person  shall  forthwith  transmit  the 
said  application  or  resolution,  records  and  proofs  of  such 
periods  of  actual  service  to  the  Department  of  Public  In- 
struction.   The  Commissioner  of  Education  shall  promptly 
consider  the  same  and  may  require  such  further  proof  as 
in  his  judgment  is  necessary.     If  said  commissioner  shall 
find  that  the  person  named  in  said  application  or  resolu- 
tion is  entitled  to  retirement  under  the  provisions  of  this 
act,  he  shall  forthwith  file  with  the  Comptroller  of  the 
Treasury  a  certificate  giving  the  name  of  the  person  to 
whom  payment  is  to  be  made  and  the  amount  to  be  paid 
annually  to   said  person.      Said  certificate   shall  be   final 
and  conclusive  as  to  the  right  of  the  person  named  in  such 
certificate  to  the  payments  named  in  this  act.     All  pay- 
ments shall  be  made  in  equal  monthly  installments  by  the 
State  Treasurer  on  the  warrants  of  the  Comptroller  of 
the  Treasury.     The  right  of  any  person  retired  as  afore- 
said to  any  salary  other  than  that  specified  in  this  act,  shall 
cease  and  determine  on  the  first  day  of  the  month  next 
succeeding  the  date  on  which  the  certificate  of  the  Com- 
missioner of  Education  in  favor  of  such  person  is  filed 
in  the  office  of  the  Comptroller  of  the  Treasury. 

135.  (3-)  The  first  payment  to  any  person  retired  under 
the  provisions  of  this  act  shall  become  due  and  payable 
on  the  last  day  of  the  month  next  succeeding  the  date  on 
which  the  certificate  of  the  Commissioner  of  Education 


Application 
for    retire- 
ment. 
Ibid. 


Considera- 
tion and  ap- 
proval   by 
commissioner 
of  education. 


Payments. 


When   pay- 
ment  due. 
Ibid. 


(a)  Although  a  teacher  in  the  public  schools  is  retired  under  with- 
out having  a  hearing,  the  proceedings  will  not  be  set  aside  on  cer- 
tiorari when  the  facts  on  which  the  retirement  was  based  are  con- 
ceded.    Vroom  v.  Bayonne,  50   Vr.  46. 


70 


SCHOOL  LAW. 


Blanks    and 

forms. 

Ibid. 


How     paid. 
Ibid. 


Proviso. 

Annual 

estimate 

furnished. 

Ibid. 


Comptroller 
to  deduct 
amount   be- 
fore   appor- 
tionment. 
Ibid. 


in  favor  of  said  person  is  filed  in  the  office  of  the  Comp- 
troller of  the  Treasury.  In  computing  the  annual  amount 
due  and  owing  any  person  under  the  provisions  of  this 
act,  or  the  monthly  payments  made  on  account  thereof, 
the  Comptroller  of  the  Treasury  shall  disregard  all  frac- 
tions of  a  dollar. 

136.  (4-)  All  applications,  records,  resolutions  and 
proof  of  such  retirement  shall  be  kept  and  filed  in  the 
office  of  the  Department  of  Public  Instruction,  as  public 
records.  Said  department  shall  furnish  the  necessary 
blanks  and  forms  for  carrying  out  the  provisions  of  this 
act. 

137.  (5-)  Every  person  heretofore  retired  under  the 
act  to  which  this  act  is  an  amendment  or  any  amendment 
thereof  or  supplement  thereto,  shall  hereafter  be  paid  as 
directed  in  section  three  of  this  act  upon  proof  duly  cer- 
tified to  the  Department  of  Public  Instruction  by  the  board, 
body  or  person  by  whom  such  person  has  been  retired  as 
aforesaid,  of  the  date  on  which  such  person  was  retired. 
Upon  the  receipt  of  such  proof  the  Commissioner  of  Edu- 
cation shall  forthwith  file  the  necessary  certificate  in  the 
office  of  the  Comptroller  of  the  Treasury;  provided,  that 
the  board,  body  or  person  now  paying  such  person  shall 
pay  him  or  her  the  amounts  due  to  the  date  when  said 
payment  shall  be  assumed  by  the  State. 

138.  (6.)  The  Commissioner  of  Education  shall  annu- 
ally on  or  before  the  first  day  of  February,  certify  to  the 
State  Comptroller  the  amount  necessary  for  the  payments 
under  the  provisions  of  this  act  for  the  then  ensuing  school 
year. 

139.  (7-)  The  State  Comptroller,  prior  to  the  appor- 
tionment, on  or  before  the  first  day  of  February,  among 
the  several  counties  of  the  State  of  the  fund  devoted  to 
the  maintenance  and  support  of  a  thorough  and  efficient 
system  of  free  public  schools,  as  provided  in  and  by  an 
act  entitled  "A  supplement  to  an  act  entitled  'An  act  to 
establish  a  thorough  and  efficient  system  of  free  public 
schools,  and  to  provide  for  the  maintenance,  support  and 
management  thereof,'  approved  October  nineteenth,  one 
thousand  nine  hundred  and  three,"  approved  April  twen- 


SCHOOL  LAW. 


7i 


tieth,  one  thousand  nine  hundred  and  six,  shall  deduct 
from  the  sum  so  to  be  apportioned,  in  addition  to  any 
other  sums  to  be  deducted  from  said  fund  by  virtue  of 
the  provisions  contained  in  any  law  of  this  State,  the 
amount  certified  to  him  by  the  Commissioner  of  Educa- 
tion as  necessary  for  the  payments  under  the  provisions 
of  this  act  for  the  then  ensuing  school  year,  which  pay- 
ments shall  be  made  therefrom;  provided,  that  if  at  any 
time  no  deduction  shall  have  been  made  as  required  by 
this  section,  or  if  at  any  time  the  amount  deducted  shall 
not  be  sufficient  to  make  the  payments  provided  for  in 
section  two  of  this  act,  such  payments  shall  be  made  from 
any  moneys  in  the  State  Treasury  not  otherwise  appro- 
priated, and  the  Comptroller  of  the  Treasury  in  making 
the  then  next  deduction  as  required  by  this  section  shall, 
in  addition  to  the  sum  certified  to  him  by  the  Commis- 
sioner of  Education  as  necessary  for  the  payments  under 
the  provisions  of  this  act  for  the  then  ensuing  school  year, 
deduct  a  sum  equal  to  the  amount  paid  from  the  State 
Treasury  as  aforesaid,  which  sum  shall  become  a  part  of 
the  general  moneys  in  the  State  Treasury. 


Proviso. 


Article  IX. 


PUPILS. 


140,  (n6.)  Public  schools  shall  be  free  to  all  persons 
over  five  and  under  twenty  years  of  age,  and  to  such  per- 
sons over  the  age  of  twenty  years  as  the  board  of  educa- 
tion of  any  school  district  may  deem  it  wise  to  offer  in- 
struction, who  shall  be  residents  of  the  school  district,  (a) 
Non-residents  of  a  school  district  if  otherwise  competent, 
may  be  admitted  to  the  schools  of#  said  district  with  the 
consent  of  the  board  of  education  upon  such  terms  as  said 

(a)  The  provision  of  article  4,  section  7,  paragraph  6,  of  the  State 
constitution  is  not  a  limitation  of  legislative  power  over  the  subject 
of  free  public  education.  It  prescribes  what  must  be  done  with  the 
school  fund,  not  what  may  be  done  at  public  expense  out  of  the  gen- 
eral funds  of  the  State.  The  facil'ties  for  free  public  education  are 
to  be  provided  by  the  legislature  within  the  exercise  of  a  sound 
discretion,  subject  only  to  constitutional  restraint  which  must  be  found 
in  expression  or  clear  implication.  Rutgers  College  v.  Morgan,  41 
Vr.   460. 


Ages  of 
pupils. 
P.   L.   1912, 
Chap.  183. 


Tuition   fees 
authorized. 


72 


Proviso. 


Transporta- 
tion  of 
pupils. 
P.    L.    1903, 
Special 
session. 


Transfer    of 
children 
remote    from 
school. 
Ibid. 


Tuition   fees 
for  attend- 
ance at 
higher   grade 
school    in 
another 
district. 
Ibid. 


SCHOOL  LAW. 

t 

board  may  prescribe ;  provided,  that  the  authority  to  charge 

tuition  for  non-resident  pupils  conferred  by  this  section 
shall  not  apply  to  non-resident  pupils  transferred  to  any 
district  by  an  order  of  the  county  superintendent  of 
schools,   (a) 

141.  (117.)  Whenever  in  any  district  there  shall  be 
children  living  remote  from  the  schoolhouse,  the  Board 
of  Education  of  such  district  may  make  rules  and  con- 
tracts for  the  transportation  of  such  children  to  and  from 
school.  Nothing  in  this  section  shall  be  so  construed  as  to 
prohibit  a  Board  of  Education  from  making  contracts  for 
the  transportation  of  children  to  a  school  in  an  adjoining 
district  when  such  children  shall  be  transferred  to  said 
district  by  order  of  the  County  Superintendent  of  Schools, 
or  when  any  children  shall  attend  school  in  a  district  other 
than  that  in  which  they  shall  reside  by  virtue  of  an  agree- 
ment made  by  the  respective  Boards  of  Education,  (b) 

142.  (118.)  Any  child  living  remote  from  any  public 
school  in  the  district  in  which  he  or  she  shall  reside  shall 
be  allowed  to  attend  a  public  school  in  an  adjoining  dis- 
trict with  the  consent  of  the  County  Superintendent  of 
Schools,  which  consent  shall  be  in  writing,  and  one  copy 
thereof  filed  with  the  district  clerk  or  secretary  of  the 
Board  of  Education  of  the  district  in  which  such  child 
shall  reside,  and  one  copy  filed  with  the  district  clerk  or 
secretary  of  the  Board  of  Education  of  the  district  in  which 
such  child  shall  attend  school;  and  in  case  the  districts 
shall  not  be  in  the  same  county,  the  written  consent  of  the 
County  Superintendent  of  Schools  of  each  county  shall 
be  obtained. 

143.  (iiQ-)  Any  child  who  shall  have  completed  the 
course  of  study  pursued  in  the  schools  in  the  district  in 
which  he  or  she  shall  reside  may,  with  the  consent  of  the 
Board  of  Education  of  said  district  and  of  the  Board  of 
Education  of  a  district  in  which  he  or  she  shall  desire  to 
attend  school,  be  admitted  to  a  school  of  higher  grade  in 
said  last-mentioned  district.  Said  Boards  of  Education 
shall  determine  the  amount  to  be  paid  for  the  education 

(a)   See  sections  3,  div.  X,  and  223,   div.  h.  and  i. 
(a)   See  section  223,  div.  k. 


SCHOOL  LAW.  73 

of  such  child,  and  the  Board  of  Education  of  the  district 
in  which  such  child  shall  reside  shall  issue  an  order  for 
said  amount,  signed  by  the  president  and  district  clerk  or 
secretary  of  the  Board  of  Education,  in  favor  of  the  cus- 
todian of  the  school  moneys  of  the  school  district  in  which 
such  child  shall  attend  school,  which  order  shall  be  paid 
by  the  custodian  of  the  school  moneys  of  the  first-men- 
tioned district  out  of  any  moneys  in  his  hands  available 
for  the  current  expenses  of  said  district,  (a) 

144.  (120.)    Pupils  in  the  public  schools  shall  comply    Pupils  to 
with  the  regulations  established  in  pursuance  of  law  for    authority  of 

a  r  teacher. 

the  government  of  such  schools;  shall  pursue  the  pre-  ii>id. 
scribed  course  of  study,  and  shall  submit  to  the  authority 
of  the  teacher.  Continued  and  willful  disobedience,  open 
defiance  of  the  authority  of  the  teacher,  the  use  of  habitual 
profanity  or  obscene  language  shall  be  good  cause  for  sus- 
pension or  expulsion  from  school.  Any  pupil  who  shall  Jj!)[,igtsf0r 
cut,  deface  or  otherwise  injure  any  schoolhouse,  furniture,    i)Ui'n's 

J  J  damage    to 

fences,  outbuildings  or  other  property  of  the  school  dis-    school 

0  r       r        j  property. 

trict  shall  be  liable  to  suspension  and  punishment,  and  the 
parents  or  guardians  of  such  pupil  shall  be  liable  for 
damages  to  the  amount  of  the  injury;  said  amount  to  be 
collected  by  the  Board  of  Education  in  any  court  having 
jurisdiction,  together  with  the  costs  of  said  action. 

145.  (121.)   A  board  of  education  may  exclude  from    v&.Ci,nAvm, 
school  any  teacher  or  pupil  who  shall  not  have  been  sue-    €hap'  304' 
cessfully  vaccinated  or  revaccinated,  unless  such  teacher 

or  pupil  shall  present  a  certificate  signed  by  a  regularly 
licensed  physician  that  such  teacher  or  pupil  is  an  unfit 
subject  for  vaccination;  provided,  that  in  any  district  hav-    proviso, 
ing  a  medical  inspector  appointed  by  the  Board  of  Educa- 
tion the  certificate  hereinafter  provided  for  shall  be  fur- 
nished  by   such   medical   inspector,    (b)      No   teacher   or    Teachers  or 
pupil  who  shall  be  a  member  of  a  household  in  which  a    exposed  to 
person  shall  be  ill  with  small-pox,  diphtheria,  scarlet  fever,    disease  shall 
whooping    cough,    yellow    fever,    typhus    fever,    cholera,    school, 
measles  or  such  other  contagious  or  infectious  disease  as 

(a)  See  sect:on  3,  div.  X,  and  223,  div.  h. 

(b)  The   appointment   of   a   medical   inspector   being   mandatory,   the 
certificate   must  be   furnished  by   such  inspector. 


74 


SCHOOL  LAW. 


Vaccination 

at    public 

expense. 

P.    L.    1903, 

Special 

session. 


Schools    closed 
during 
epidemic. 
Ibid. 


When    new 
pupils   maj 
be   admitted. 
Ibid. 


may  be  designated  by  the  Board  of  Education,  or  of  a 
household  exposed  to  contagion  as  aforesaid,  shall  attend 
any  public  school  during  such  illness,  nor  until  the  Board 
of  Education  shall  have  been  furnished  with  a  certificate 
from  the  Board  of  Health,  or  from  the  physician  attending 
such  person,  or  from  a  medical  inspector,  certifying  that 
all  danger  of  communicating  such  disease  by  such  teacher 
or  pupil  has  passed. 

146.  (122.)  In  case  any  pupil  enrolled  in  a  public 
school  shall  be  found  to  be  unvaccinated,  whose  parents 
shall  be,  in  the  judgment  of  the  Board  of  Education, 
unable  to  pay  for  the  vaccination  of  such  pupil,  the  dis- 
trict clerk  or  secretary  of  the  Board  of  Education  may 
give  to  said  pupil  a  permit  to  appear  before  any  regularly 
licensed  physician  to  be  vaccinated,  and  such  physician, 
on  presenting  said  permit  with  his  certificate  appended 
thereto  that  the  vaccination  has  been  by  him  successfully 
performed,  shall  receive  from  the  township,  city,  incor- 
porated town,  borough  or  other  municipality  in  which 
said  pupil  shall  reside  the  sum  of  fifty  cents. 

147.  (123.)  Whenever  the  Board  of  Health  of  any 
township,  city,  incorporated  town,  borough  or  other  mu- 
nicipality shall  declare  any  epidemic  or  cause  of  ill-health 
to  be  so  injurious  or  hazardous  as  to  make  it  necessary 
to  close  any  or  all  of  the  public  schools  in  such  township, 
city,  incorporated  town,  borough  or  other  municipality, 
said  board  shall  immediately  serve  notice  on  the  Board 
of  Education  of  the  school  district  situate  in  said  town- 
ship, city,  incorporated  town,  borough  or  other  munici- 
pality that  it  is  desirable  to  close  said  school  or  schools. 
Upon  receipt  of  such  notice  such  Board  of  Education 
may  close  the  schools  under  its  control,  or  such  of  them 
as  may  be  designated  by  the  Board  of  Health,  and  said 
schools  shall  not  be  reopened  until  said  Board  of  Edu- 
cation shall  be  satisfied  that  all  danger  from  said  epidemic 
or  cause  of  ill-health  has  been  removed. 

148.  (124.)  Children  who  shall  have  never  attended 
any  public  or  private  school  may  be  admitted  to  a  public 
school    during    the    ten    days    immediately    following    the 


SCHOOL  LAW. 


75 


opening  of  said  school  for  the  fall  term,  during  the  first 
five  days  in  January  and  April  respectively,  and  at  no 
other  time  except  by  a  majority  vote  of  all  the  members 
of  the  Board  of  Education  of  the  school  district  in  which 
said  school  shall  be  situate. 

149.  (125.)  No  child  between  the  age  of  four  and 
twenty  years  shall  be  excluded  from  any  public  school 
on  account  of  his  or  her  religion,  nationality  or  color. 
A  member  of  any  Board  of  Education  who  shall  vote  to 
exclude  from  any  public  school  any  such  child,  on  ac- 
count of  his  or  her  religion,  nationality  or  color  shall 
be  guilty  of  a  misdemeanor,  and  punished  by  a  fine  of 
not  less  than  fifty  dollars  nor  more  than  two  hundred 
and  fifty  dollars,  or  by  imprisonment  in  the  county  jail, 
workhouse  or  penitentiary  of  the  county  in  which  the 
offence  shall  have  been  committed,  for  not  less  than 
thirty  days  nor  more  than  six  months,  or  by  both  fine 
and  imprisonment  in  the  discretion  of  the  court,  (a) 

150.  (i.)  Each  Board  of  Education  in  this  State  shall 
ascertain  what  children,  if  any,  there  are  in  the  public 
schools  who  are  three  years  or  more  below  the  normal. 
In  each  school  district  in  this  State  in  which  there  are 
ten  or  more  children,  three  years  or  more  below  the 
normal,  the  Board  of  Education  thereof  shall  establish 
a  special  class  or  classes  for  their  instruction,  no  class, 
however,  to  contain  more  than  fifteen  children.  In  each 
school  district  in  this  State  where  there  are  ten  or  more 
blind  or  deaf  children  who  are  not  now  cared  for  or 
who  cannot  be  cared  for  in  an  institution,  a  special  class 
or  classes  shall  be  organized  for  their  education,  no  such 
class,  however,  to  contain  more  than  fifteen  pupils.  Such 
classes  shall  be  discontinued  when  proper  provision  is 
made  for  the  care  and  education  of  such  blind  and  deaf 
children    by    the    State.      The    medical    examiner    of    the 

(a)  1.  It  is  unlawful  for  school  trustees  to  exclude  children  from 
any  school  on  the  ground  that  they  are  of  the  negro  race.  Pierce  v. 
Union  District,  etc.,  17  Vr.   76. 

2.  In  case  of  a  controversy  between  a  citizen  and  a  local  board  of 
education  respecting  the  public  school  to  which  the  children  of  the 
citizen  should  be  assigned,  all  remedies  provided  by  the  School  law 
must  be  exhausted  by  the  citizen  before  the  prerogative  writs  of  the 
state  are  awarded  to  him.  Stockton  v.  Board  of  Education,  etc.,  43 
Vr.   80. 


No   exclusion 
from    school 
on    account    of 
color,    etc. 
Ibid. 


Special  classes 
for   pupils 
below  normal. 
P.    L.    1911, 
Chap.    234. 


Duty    of 

medical 

examiner. 


76 


SCHOOL  LAW. 


Model  school 
may   receive 
high    school 
pupils    from 
the    public 
schools. 
P.    L.    1913, 
Chap.    245. 


Tuition   fees. 


district  shall   examine  the  children  in  special  classes  at 
least  once  in  every  three  months,  (a) 

151.  (i.)  Any  child  who  shall  have  completed  the  course 
of  study  pursued  in  the  schools  in  the  district  in  which  he 
or  she  shall  reside  may,  with  the  consent  of  the  board  of 
education  of  said  district  and  the  board  having  the  con- 
trol and  management  of  the  Model  School  at  Trenton,  or 
of  the  Model  School  in  connection  with  any  other  State 
Normal  School,  be  admitted  to  such  school.  Said  boards 
shall  determine  the  amount  to  be  paid  for  the  education 
of  such  child*  and  the  board  of  education  of  the  district  in 
which  such  child  shall  reside  shall  issue  an  order  for  said 
amount,  signed  by  the  president  and  district  clerk  or  sec- 
retary of  the  board  of  education  in  favor  of  the  custodian 
of  the  school  moneys  of  such  model  school,  which  order 
shall  be  paid  by  the  custodian  of  the  school  moneys  of  the 
district  in  which  such  child  resides  out  of  any  moneys  in 
his  hands  available  for  the  current  expenses  of  said  dis- 
trict. 

Article  X. 


Suitable    ac- 
commodations 
must    be    fur- 
nished. 
P.    L.    1907, 
Chap.    123. 


8ehool 

moneys    with- 
held   upon 
failure    to 
comply. 


SCII00LH0USES,   FACILITIES   AND   ACCOMMODATIONS. 

152.  (126.)  Each  school  district  shall  provide  suitable 
school  facilities  and  accommodations  for  all  children  re- 
siding in  the  district  and  desiring  to  attend  the  public 
schools  therein.  Such  facilities  and  accommodations 
shall  include  proper  school  buildings,  together  with  fur- 
niture and  equipment,  convenience  of  access  thereto,  and 
courses  of  study  suited  to  the  ages  and  attainments  of 
all  pupils  between  the  ages  of  five  and  twenty  years. 
Such  facilities  and  accommodations  may  be  provided 
either  in  schools  within  the  district  convenient  of  access 
to  the  pupils  or  as  provided  in  sections  one  hundred  and 
seventeen,  one  hundred  and  eighteen  and  one  hundred 
and  nineteen  of  the  act  to  which  this  act  is  an  amend- 
ment, (b)  Whenever  any  school  district  shall  fail  to  pro- 
vide such  facilities  or  accommodations,  the  County  Super- 
intendent of  Schools  shall  transmit  to  the  custodian  of  the 


(a)  See  section  278. 

(b)  The  numbers  of  the  sections  refer  to  those  in  (     ). 


SCHOOL  LAW. 


17 


houses 
1903. 


school  moneys  of  the  school  district  an  order  directing 
him  to  withhold  from  such  district  all  moneys  in  his  hands, 
or  which  shall  thereafter  come  into  his  hands,  to  the  credit 
of  such  school  district  received  from  the  State  appropria- 
tion or  from  the  State  school  tax  until  such  suitable 
facilities  or  accommodations  shall  be  provided,  and  shall 
notify  the  Board  of  Education  of  such  district  of  his  action 
with  the  reasons  therefor.  Such  order  shall  not  take 
effect  until  approved  in  writing  by  the  Commissioner  of 
Education,  and  said  approval  shall  state  when  said  order 
shall  take  effect. 

153.  (127.)    Each   Board  of  Education  shall   provide   out-h< 
at  least  two  suitable  and  convenient  outhouses  or  water-    special 

session. 

closets  for  each  of  the  schoolhouses  under  its  control 
Said  outhouses  or  water-closets  shall  be  entirely  sepa- 
rated each  from  the  other  and  shall  have  separate  means 
of  access.  Said  outhouses  and  said  water-closets,  if  de- 
tached from  the  schoolhouse,  shall  be  separated  by  a  sub- 
stantial close  fence  not  less  than  seven  feet  in  height. 
The  Board  of  Education  shall  have  said  outhouses  and 
water-closets  kept  in  a  clean  and  wholesome  condition. 
The  question  of  raising  the  amount  needed  to  carry  into  Tax  for 
effect  the  provisions  of  this  section  shall  not  be  submitted 
to  the  legal  voters  of  the  school  district,  but  the  Board 
of  Education  shall  notify  the  assessor  or  assessors  and 
collector,  by  notice  signed  by  the  president  and  district 
clerk  or  secretary,  of  the  amount  needed  for  such  pur- 
pose, and  such  amount  shall  be  assessed,  levied  and  col- 
lected at  the  same  time  and  in  the  same  manner  as  other 
special  school  taxes  are  assessed,  levied  and  collected. 

154.  (128.)  The  Commissioner  of  Charities  and  Cor 
rections  shall,  upon  the  request  of  the  Commissioner  of    ^^ 
Education,    cause    to    be    prepared    standard    plans    and    c**v-  369- 
specifications    for   school   buildings   to   contain   one,    two, 

four,  six,  eight,  twelve,  sixteen,  twenty  and  twenty-four 
rooms.  The  Commissioner  of  Education  shall,  upon  re- 
ceipt of  such  plans  and  specifications,  cause  blueprints 
to  be  made  of  the  plans,  and  shall  have  printed  copies 
of  the  specifications  and  shall  loan  copies  to  any  district 


Plans    for 
school    build- 


78 


SCHOOL  LAW. 


Examination 
of    school 
buildings. 


Approval   of 
plans    and 
contracts. 
Ibid. 


Doors   to 

open 

outwardly 

P.   L.   1903, 

Special 

session. 


Use    of 
insurance 
moneys. 
P.  L.   1911, 
Chap.    34. 


upon  its  application.  The  Commissioner  of  Charities  and 
Corrections  shall  also,  upon  the  request  of  the  Commis- 
sioner of  Education,  cause  to  be  made  a  thorough  exam- 
ination of  any  school  building  and  to  report  to  the  Com- 
missioner of  Education  his  findings  in  regard  thereto.  The 
Commissioner  of  Education  may  direct  the  entire  or  partial 
abandonment  of  any  building  used  for  school  purposes 
and  may  direct  the  making  of  such  changes  therein  as  to 
him  may  seem  proper. 

155.  (I29-)  No  contract  for  the  erection  of  any  public 
school  building  or  any  part  thereof  shall  be  made  until 
and  after  plans  and  specifications  therefor  have  been  sub- 
mitted to  and  approved  by  the  State  Board  of  Education. 
A  copy  of  the  plans  and  specifications  as  approved  shall 
be  filed  forthwith  with  the  State  Board  of  Education. 
A  copy  of  the  contracts  for  the  erection  of  the  whole 
or  any  part  of  the  school  building  and  for  the  furnishing 
thereof  shall  be  filed  with  the  State  Board  of  Education 
within  ten  days  after  the  same  have  been  signed.  No 
change  in  the  plans  or  specifications  shall  be  legal  unless 
the  same  have  been  submitted  to  and  approved  by  the 
State  Board  of  Education.  A  copy  of  all  changes  as 
approved  shall  be  filed  forthwith  with  the  said  board,  (a) 

156.  (130.)  In  any  schoolhouse  of  two  or  more  stories 
in  height,  the  doors  leading  from  the  classrooms  to  the 
corridors  and  from  said  corridors  to  the  street  or  to  the 
ground  surrounding  such  schoolhouse  shall  open  out- 
wardly. All  swing-doors  shall  have  piate-glass  windows  of 
suitable  dimensions. 

157.  (i.)  Whenever  any  of  the  school  buildings  and 
furnishings  thereof  in  any  school  district  shall  have  been 
partially  or  totally  destroyed  by  fire,  the  moneys  received 
by  the  Board  of  Education  for  insurance  on  said  building 
and  furnishings  and  contents  thereof  may  be  paid  out  by 
the  custodian  of  the  school  moneys  of  the  district  for  the 


(a)  Any  contract  with  an  architect  to  pay  him  6  per  cent,  of  the 
cost  of  build'ng  a  schoolhouse  for  his  plans  therefor,  and  for  super- 
intending Its  erection,  *  *  *  was  ultra  vires  so  that  there  can  be 
no  recovery  as  for  breach  thereof  in  said  borough  board  refusing  to 
accept  his  services,  the  plans  and  specifications  not  having  been  sub- 
mitted to  and  approved  by  the  State  Board  of  Education.  Fletcher 
v.  Board  of  Education  88.  At.  Rep.  834. 


SCHOOL  LAW. 


79 


repairing,    reconstruction   or    rebuilding   of    said    building 

and   the   purchase  and   repairing  of   the    furnishings  and 

contents  thereof ;  provided,  that  insurance  money  shall  not    ProTiso. 

be  used  by  the  Board  of  Education,  without  the  authority 

of  the  appropriating  power,  for  a  building  to  be  erected 

on  a  site  other  than  that  occupied  by  the  building  destroyed 

by  fire ;  and  provided  fur  I  her,  that  the  Board  of  Educa-    rroriso. 

tion  shall  not  enter  into  a  contract  for  the  construction  of 

a   building  to   cost   more   than  the   amount   of   insurance 

money  received  until  the  additional  amount  required  has 

been  regularly  appropriated. 

Article  XI. 


UNION-GRADED    SCHOOLS. 

158.  (1^2.)  Whenever  the  Boards  of  Education  of  two    Estabiish- 


or  more  adjoining  school  districts  shall  deem  it  for  the 
best  interests  of  the  children  that  said  districts  shall  unite 
in  establishing  and  maintaining  a  union-graded  school, 
each  of  said  boards  shall  cause  its  secretary  or  district 
clerk  to  insert  in  the  notices  calling  any  annual  or  special 
meeting  of  the  legal  voters,  a  notice  that  the  question  of 
establishing  such  union-graded  school  will  be  submitted 
at  such  meeting.  The  legal  voters  shall  vote  by  ballot, 
and  at  any  such  meeting  the  secretary  thereof  shall  keep 
a  poll-list  of  the  legal  voters  voting  on  such  question,  and 
a  tally-sheet  of  the  ballots  as  counted  by  the  tellers.  Said 
ballots,  poll-list  and  tally-sheet,  which  tally-sheet  shall 
be  signed  by  the  chairman  of  the  meeting  and  by  said 
secretary,  shall  be,  by  said  secretary,  within  five  days 
after  the  date  of  said  meeting,  transmitted  to  the  County 
Superintendent  of  Schools  in  a  sealed  package  indorsed 
with  the  name  of  the  district,  of  the  county  in  which  it 
shall  be  situate,  and  the  date  of  the  meeting.  Said  secre- 
tary shall  also  transmit  to  said  County  Superintendent  of 
Schools  a  certificate  of  the  result  of  such  vote  signed  by 
said  chairman  and  secretary.  In  case  the  districts  shall 
be  situate  in  different  counties,  said  secretary  shall  trans- 
mit the  ballots  and  other  papers  hereinbefore  described  to 
the  County   Superintendent  of   Schools  of  the  county  in 


union-graded 

schools. 

P.    L.    1903, 

Special 

session. 


Election,   how 
•ondueted. 


Report  to 
county  su- 
perintendent. 


8o 


SCHOOL  LAW. 


Union   school 
boards,    how 
constituted. 
Ibid. 


Notification 
to   county   ea- 
perintendent. 
Ibid. 


Removals  and 

vacancies. 

Ibid. 


which  the  district  shall  be  situate,  and  shall  transmit  a 
duplicate  of  the  certificate  of  the  result  of  such  vote  to 
the  County  Superintendent  of  Schools  of  the  county  in 
which  the  other  district  or  districts  shall  be  situate.  If 
the  County  Superintendent  of  Schools  shall  ascertain  from 
such  certificates  that  the  total  number  of  votes  cast  in 
each  of  said  districts  in  favor  of  establishing  such  union- 
graded  school  exceeds  the  total  number  of  votes  cast  in 
each  district  against  the  same,  he  shall  immediately  notify 
each  of  the  Boards  of  Education  of  the  result  of  such 
vote. 

159.  (133)  Whenever  two  or  more  districts  shall  have 
voted  to  establish  a  union-graded  school  as  provided  in 
the  preceding  section,  the  Board  of  Education  of  such 
union-graded  school  shall  be  constituted  as  follows: 

I.  If  two  districts  shall  unite  for  the  purpose  afore- 
said, the  Board  of  Education  of  each  of  said  districts 
shall  appoint  two  of  its  members  as  members  of  the  Board 
of  Education  of  such  union-graded  school ; 

II.  If  three  or  more  districts  shall  unite  for  the  pur- 
pose aforesaid,  the  Board  of  Education  of  each  of  said 
districts  shall  appoint  one  of  its  members  as  aforesaid. 

160.  (i34-)  Each  board  of  education  shall  notify  the 
County  Superintendent  of  Schools  of  the  names  of  the 
persons  so  appointed  as  aforesaid,  and  the  persons  so 
appointed  shall  continue  to  be  members  of  the  Board 
of  Education  of  such  union-graded  school  until  the  second 
Tuesday  in  April  next  after  their  terms  of  office  as  mem- 
bers of  their  respective  boards  of  education  shall  have 
expired,  and  their  successors  shall  be  appointed  on  or 
before  the  first  day  of  April  in  like  manner  and  for  a  like 
term.  The  members  so  appointed  as  aforesaid  shall  con- 
tinue to  act  as  members  of  the  boards  of  education  in  their 
respective  districts. 

161.  (135.)  A  member  of  a  board  of  education  of  a 
union-graded  school  or  the  president  or  secretary  there- 
of may  be  removed  in  the  same  manner  as  is  provided  in 
this  act  for  the  removal  of  an  officer  or  member  of  a  board 
of  education.  Any  vacancy  in  such  board  shall  be  filled 
by  the  board  of  education  of  the  district  which  by  reason 


SCHOOL  LAW. 


81 


of   such   vacancy   has   not   its   full   representation   on   the 
board  of  education  of  such  union-graded  school. 

162.  O36.)  Each  board  of  education  appointed  as 
provided  in  this  article  shall  be  a  body  corporate,  and 
shall  be  known  as  and  called  "the  board  of  education  of 

the  union-graded  school  of  the  school  districts  of _._ 

and .(here   insert   the*  names   of   the   districts), 

in  the  county  of "  (here  insert  the  name  of  the 

county  in  which  the  schoolhouse  shall  be  located). 

163.  (1 37-)  The  Board  of  Education  of  each  union- 
graded  school  shall  forthwith,  after  its  first  appointment, 
organize  by  the  election  of  one  of  its  members  as  presi- 
dent and  a  secretary,  who  shall  serve  until  the  second 
Tuesday  in  April  next  after  their  election,  on  which  day 
and  annually  thereafter  said  board  shall  organize  by  the 
election  of  the  officers  aforesaid.  Said  board  shall  ap- 
point a  suitable  person  as  custodian  of  school  moneys  of 
said  union-graded  school  and  shall  fix  his  salary  and  term 
of  office.  Said  custodian  shall  have  the  powers  and  be 
charged  with  the  duties  conferred  or  imposed  by  this  act 
upon  custodians  of  school  moneys  of  school  districts,  and 
shall  give  such  bond  in  such  amount  and  with  such  sure- 
ties as  said  board  shall  direct,  but  said  bond  shall  be  for 
a  sum  not  less  than  the  amount  annually  apportioned  to 
such  school  by  the  County  Superintendent  of  Schools. 

164.  (T3S-)  The  Board  of  Education  of  a  union-graded 
school  shall  have  power: 

I.  To  purchase,  sell  and  improve  school  grounds,  to 
erect,  lease,  enlarge,  improve,  repair  or  furnish  school 
buildings ;  to  borrow  money  with  or  without  mortgage 
and  to  raise  money  by  taxation  for  any  such  purpose,  or 
to  pay  debts  incurred  therefor,  or  for  the  current  expenses 
of  the  schools;  provided,  that  for  any  such  acts  it  shall 
have  the  previous  authority  of  a  majority  vote  of  the 
Board  of  Education  of  each  of  the  districts  uniting  in  es- 
tablishing said  union-graded  school ; 

II.  To  take  and  condemn  land  and  other  property  for 
school  purposes,  in  the  manner  provided  by  law  regulating 
the  ascertainment  and  payment  of  compensation  for 
property  condemned  and  taken  for  public  use.     If  either 


Corporate 

name. 

Ibid. 


Organisation 
of    board   of 
education. 
Ibid. 


Custodian 
of  schoo) 
moneys. 


Powers   of 
anion-graded 
school  boards. 
Ibid. 

Purchase, 
jell   or  lease 
school 
property. 


Proviso. 


Condemn 
land    for 
school 
purposes. 


82 


SCHOOL  LAW. 


Proviso. 


Appropria- 
tions   for 
union-graded 
schools. 


Ke»*. 


Supervising 
principal. 


party  shall  feel  aggrieved  by  any  proceedings  and  awards 
thereunder,  said  party  may  appeal  in  the  manner  provided 
by  law  for  appeals  from  such  proceedings  and  awards; 
provided,  that  before  beginning  any  proceedings  for  taking 
and  condemning  land  and  other  property,  the  Board  of 
Education  shall  have  the  authority  of  a  majority  vote  of 
the  Board  of  Education  of  each  of  the  districts  uniting  in 
establishing  said  union-graded  school ; 

III.  To  determine,  subject  to  the  approval  of  a  majority 
of  the  Board  of  Education  of  each  of  the  districts  uniting 
in  establishing  such  union-graded  school,  the  amount 
needed  to  purchase  land  for  school  purposes;  to  erect  and 
furnish  a  suitable  schoolhouse,  or  to  lease  a  schoolhouse 
already  erected,  and  for  the  current  expenses  of  such 
school,  in  which  term  shall  be  included  principals', 
teachers',  janitors'  and  medical  inspectors'  salaries,  fuel, 
text-books,  school  supplies,  flags,  school  libraries,  salaries 
of  secretary  and  custodian  of  school  moneys,  insurance 
and  the  incidental  expenses  of  such  school.  The  amount 
of  money  thus  determined  shall  be  certified  by  the  secretary 
of  said  board  to  the  assessors  of  the  several  taxing  districts 
in  which  the  school  districts  uniting  as  aforesaid  shall  be 
situate,  and  said  assessors  shall  apportion  said  amount 
among  said  several  taxing  districts  in  the  proportion  that 
the  ratables  of  each  bear  to  the  total  ratables  of  all  said 
taxing  districts,  and  the  amount  thus  apportioned  to  each 
taxing  district  shall  be  assessed,  levied  and  collected  in 
the  same  manner  and  at  the  same  time  as  other  school 
taxes  shall  be  assessed,  levied  and  collected  therein,  and 
shall  be  paid  by  the  several  collectors  to  the  custodian  oT 
school  moneys  of  such  union-graded  school  on  or  before 
the  fifth  day  of  January  next  after  the  same  shall  become 
due  and  payable  to  said  several  collectors; 

IV.  To  adopt  an  official  seal  by  which  all  its  official 
acts  may  be  authenticated ; 

V.  To  appoint  a  supervising  principal  and  fix  his  salary, 
which  principal  shall  be  also  the  supervising  principal  of 
the  schools  in  the  district  uniting  in  establishing  such 
union-graded  school.  Such  supervising  principal  shall 
hold  a  state  or  a  first-grade  county  certificate. 


SCHOOL  LAW. 


83 


165.  (139. )  In  making  the  annual  apportionment  of 
school  moneys,  the  County  Superintendent  of  Schools 
shall  make  an  apportionment  to  such  union-graded  school 
on  the  same  basis  and  in  the  same  manner  as  to  the  school 
district  in  the  county  in  which  such  union-graded  school 
shall  be  situate.  If  the  districts  which  shall  have  united 
in  establishing  such  union-graded  school  shall  be  situate  in 
different  counties,  the  County  Superintendent  of  Schools 
of  each  of  such  counties,  in  making  his  annual  apportion- 
ment of  school  moneys,  shall  apportion  to  such  union- 
graded  school  three  hundred  dollars  for  the  supervising 
principal  and  one  hundred  dollars  for  each  teacher  em- 
ployed therein  during  the  year  preceding  that  for  which 
said  apportionment  shall  be  made,  and  in  addition  thereto 
shall  apportion  an  additional  sum  on  the  basis  of  the 
aggregate  days  attendance  of  all  pupils,  residents  of  such 
county,  who  shall  have  attended  such  union-graded  school 
during  the  year  preceding  that  for  which  said  apportion- 
ment shall  be  made. 

166.  (140.)  The  board  of  education  of  a  union-graded 
school  shall  have  all  the  powers  and  be  charged  with  all 
the  duties  conferred  or  imposed  upon  a  board  of  education 
in  a  township  school  district,  so  far  as  the  same  are  not 
inconsistent  with  the  provisions  of  this  article. 

167.  (141.)  Each  union-graded  school  shall  be  under 
the  supervision  and  control  of  the  County  Superintend- 
ent of  Schools  of  the  county  in  which  the  schoolhouse 
shall  be  situate 

168.  (142.)  In  case  a  board  of  education  of  a  union- 
graded  school  shall  decide  that  it  is  necessary  to  raise 
money  to  purchase  land  for  school  purposes,  and  for  the 
erection  and  furnishing  of  a  schoolhouse  or  for  the  pur- 
chase thereof  by  the  issue  of  bonds,  it  shall  notify  the 
board  of  education  of  each  of  the  districts  which  shall 
have  united  in  establishing  such  union-graded  school,  of 
the  amount  needed,  the  number  of  bonds  to  be  issued,  the 
denomination  of  such  bonds,  the  maximum  rate  of  inter- 
est thereon,  and  the  time  or  times  of  payment.  Each  of 
such  boards,  upon  receiving  such  notification,  shall  forth- 
with call  a  meeting  of  the  legal  voters  of  its  district,  and 


Apportion- 
ment  of 
moneys  In 
ui]  1 'in     school 
districts. 
Ibid. 


Powers    and 
duties    of 
boa  rd. 
Ibid. 


Supervision. 
Ibid. 


Bonds     for 

school-bouses 
Ibid. 


Question 
submitted    te 
voters. 


84 


SCHOOL  LAW. 


Approval   ot 
attorney- 
general. 


DeecriptloD 
of   bonds. 
Ibid. 


shall  submit  to  said  meeting  the  question  of  issuing  such 
bonds  as  proposed  by  the  board  of  education  of  such 
union-graded  school,  and  the  district  clerk  of  the  board 
of  education  of  each  of  said  districts  shall  transmit  to  the 
board  of  education  of  such  union-graded  school  certified 
copies  of  the  record  of  the  proceedings  of  the  board  of 
education  and  of  the  legal  voters  of  said  district  thereon. 
If  from  said  certified  copies  it  shall  appear  that  a  majority 
of  the  legal  voters  present  at  such  meeting  in  each  of  said 
districts,  shall  have  voted  in  favor  of  the  issue  of  such 
bonds,  the  secretary  of  the  board  of  education  of  such 
union-graded  school  shall  transmit  such  certified  copies, 
together  with  certified  copies  of  the  record  of  the  pro- 
ceedings of  the  board  of  education  of  such  union-graded 
school  concerning  the  issue  of  such  bonds,  to  the  Attorney- 
General  for  his  approval  of  the  legality  of  all  said  pro- 
ceedings, and  shall  file  duplicate  certified  copies  of  the 
record  of  all  such  proceedings  with  the  Commissioner  of 
Education,  and,  upon  the  approval  thereof  by  the  Attorney- 
General,  said  bonds  may  be  issued  and  sold  by  said  board. 
169.  (i43-)  Bonds  authorized  as  provided  in  this 
article  shall  be  issued  in  the  corporate  name  of  the  board 
of  education  of  the  union-graded  school ;  shall  bear  in- 
terest at  a  rate  not  exceeding  six  per  centum  per  annum, 
payable  semi-annually;  shall  be  signed  by  the  president  of 
said  board  and  attested  by  the  secretary;  shall  bear  the 
seal  of  said  board,  and  shall  have  coupons  attached  for 
current  payment  of  interest,  which  coupons  shall  be  signed 
by  the  secretary,  and  shall  be  numbered  to  correspond  to 
the  bonds  to  which  they  shall  be  severally  attached.  Bonds 
so  issued  shall  be  numbered  and  a  proper  registry  thereof 
kept  by  the  secretary,  and  may  be  sold  at  public  or  private 
sale  for  the  best  obtainable  price,  but  not  less  than  par. 
Such  bonds  when  issued  shall  be  a  lien  upon  the  real 
estate  situate  in  each  of  the  districts  which  shall  have 
united  in  establishing  such  union-graded  school,  and  the 
personal  estates  of  the  inhabitants  of  each  of  said  dis- 
tricts, as  well  as  the  property  of  each  of  said  districts,  and 
said  estates  and  property  shall  be  liable  for  the  payment 
of  the  same. 


SCHOOL  LAW. 


85 


170.  (i44-)  Whenever  bonds  shall  have  been  issued  KESJnJ£r 
by  the  board  of  education  of  a  union-graded  school,  the  ^^Sl00 
secretary  of  such  board  shall,  each  and  every  year,  Ib,d- 
certify  to  the  assessors  of  the  several  taxing  districts  in 
which  the  several  school  districts  which  shall  have  united 
in  establishing  such  union-graded  school  shall  be  situate, 
the  amount  which  shall  become  due  during  such  year  for 
principal  and  interest  of  such  bonds.  The  amount  so 
certified  shall  be  apportioned  and  assessed  by  said  assessors 
in  the  same  manner  and  in  the  same  proportion  as  taxes 
for  the  current  expenses  of  such  union-graded  school  shall 
be  apportioned  and  assessed,  and  the  moneys  so  assessed 
shall  be  levied  and  collected  by  the  collectors  of  the  several 
taxing  districts,  and  the  said  collectors  shall,  on  or  before 
the  fifth  day  of  January  next  thereafter,  pay  the  full 
amount  so  ordered  to  be  assessed,  levied  and  collected  to 
the  custodian  of  the  school  moneys  of  said  union-graded 
school,  who  shall,  upon  receipt  of  the  orders  of  said  board 
of  education  (which  orders  shall  state  at  what  bank  said 
principal  and  interest  are  payable),  deposit  in  such  bank 
the  sum  of  money  necessary  to  pay  said  principal  and 
interest  as  they  shall  become  due  and  payable. 

Article  XII. 

KINDERGARTENS. 


171.  (J45-)  The  board  of  education  of  any  school  dis- 
trict may  establish  a  kindergarten  school  or  a  kindergar- 
ten department  in  any  school  under  its  control,  and  shall 
admit  to  such  kindergarten  school  or  department  any 
child  over  the  age  of  four  and  under  the  age  of  seven 
years  who  shall  be  a  resident  of  the  district;  provided, 
that  no  child  under  the  age  of  five  years  shall  be  admitted 
to  any  public  school  unless  such  school  shall  be  a  regularly 
organized  kindergarten  school  or  shall  have  a  kindergarten 
department. 

172,  (146.)  Every  teacher  in  a  kindergarten  school  or 
department  shall  hold  a  special  kindergarten  certificate, 
issued  by  the  State  Board  of  Examiners. 


Ages    of 

pupils  lu  bin 

dprgarteua 

Ibid. 


ProTloo 


Teacher* 
In    kinder- 
gartens   must 
hold   special 
certificate. 
Ibid. 


86 


SCHOOL  LAW. 


Kipensi'B. 
Ibid. 


173.  (i47-)  The  expense  of  kindergarten  schools  or 
departments  shall  be  paid  out  of  any  moneys  available 
for  the  current  expenses  of  the  schools,  and  in  the  same 
manner  and  under  the  same  restrictions  as  the  expenses 
of  the  other  schools  or  departments  shall  be  paid. 


Article  XIII. 


Ages    of 
pupils   in 
night   schools. 
Ibid. 


Term. 


Expenses. 
Ibid. 


Evening 
schools    for 
foreign-born 
residents. 
P.   L.   1907, 
Chap.    36. 


Teachers. 
Rules     and 
regulation*. 


Course    of 
study. 


EVENING    SCHOOLS. 

174.  (148.)  The  board  of  education  of  any  school  dis- 
trict may  establish  and  maintain  public  evening  schools 
for  the  instruction  of  persons  over  twelve  years  of  age 
residents  of  the  district,  and  unless  such  evening  schools 
shall  be  maintained  for  a  term  of  not  less  than  four 
months  in  each  year,  each  of  said  months  to  consist  of  at 
least  sixteen  evening  sessions  of  at  least  two  hours  each, 
said  district  shall  not  be  entitled  to  any  apportionment 
on  the  basis  of  the  number  of  teachers  employed  in  such 
schools  during  the  year  preceding  that  for  which  the 
apportionment  shall  be  made. 

175.  (*49-)  The  expenses  of  evening  schools  shall  be 
paid  out  of  any  moneys  available  for  the  current  ex- 
penses of  the  schools,  and  in  the  same  manner  and  under 
the  same  restrictions  as  the  expenses  of  day  schools  shall 
be  paid. 

176.  (i.)  The  board  of  education  of  any  school  dis- 
trict may  establish  and  maintain  a  public  evening  school 
or  evening  schools  for  the  instruction  of  foreign-born 
residents  of  said  district,  over  fourteen  years  of  age,  in 
the  English  language  and  in  the  form  of  government  and 
the  laws  of  this  State  and  of  the  United  States.  Every 
teacher  employed  in  such  a  school  shall  hold  a  special 
teacher's  certificate,  valid  as  a  license  to  teach  in  such 
schools.  The  State  Board  of  Education  shall  prescribe 
rules  for  the  proper  control  and  management  of  such 
schools,  for  the  inspection  thereof,  for  the  granting  of 
certificates'  to  teach  therein,  and  for  carrying  into  effect 
the  purposes  of  this  act.  The  course  of  study  in  each  of 
such  schools  and  any  changes  therein  shall  be  submitted  to 
and  shall  be  approved  by  the  State  Board  of  Education. 


SCHOOL  LAW. 


87 


177.  (2.)  Whenever  in  any  school  district  there  shall 
have  been  raised  by  special  appropriation  or  special  tax, 
or  by  subscription,  or  both,  such  sum  as,  in  the  judgment 
of  the  State  Board  of  Education,  shall  be  sufficient  for 
the  maintenance  in  such  district  of  an  evening  school  or 
schools  as  aforesaid,  there  shall  be  paid  for  such  pur- 
pose to  the  custodian  of  the  school  moneys  of  said  dis- 
trict, on  the  order  of  the  Commissioner  of  Education,  an 
amount  equal  to  that  raised  therein  as  aforesaid,  which 
amount  shall  be  paid  by  the  State  Treasurer  on  the  war- 
rant of  the  State  Comptroller;  provided,  said  order  shall 
not  be  issued  until  the  course  of  study  in  such  school  or 
schools  or  any  changes  therein  shall  have  been  approved 
by  the  State  Board  of  Education.  The  moneys  appro- 
priated by  the  State  as  aforesaid  to  any  school  district 
shall  not  exceed  in  any  year  the  sum  of  five  thousand 
dollars.  The  custodian  of  the  school  moneys  of  the  school 
district  shall  be  the  legal  custodian  of  any  and  all  funds 
appropriated,  raised  or  subscribed  for  the  maintenance  of 
such  evening  schools.  He  shall  keep  a  separate  and  dis- 
tinct account  thereof,  and  shall  disburse  said  moneys  on 
orders  signed  by  the  president  and  district  clerk  or  secre- 
tary of  the  board  of  education. 

178.  (3-)  The  board  of  education  of  any  school  dis- 
trict receiving  an  appropriation  from  the  State  for  the 
purpose  mentioned  in  this  act  shall  annually,  on  or  before 
the  first  day  of  August,  make  a  special  report  to  the  Com- 
missioner of  Education  in  the  manner  and  form  pre- 
scribed by  him. 

179.  (4-)  The  State  Board  of  Education  may,  from 
time  to  time,  appoint  suitable  persons  to  assist  in  carry- 
ing out  the  provisions  of  this  act  and  to  encourage  the 
establishment  of  such  evening  schools.  The  persons  so 
appointed  shall  receive  no  compensation  for  their  services, 
but  shall  be  paid  the  necessary  expenses  incurred  by  them 
under  the  provisions  of  this  act. 

180.  (5-)  The  expenses  incurred  in  carrying  out  the 
provisions  of  this  act  shall  be  paid  by  the  State  Treas- 
urer on  the  warrant  of  the  State  Comptroller,  but  no 
expense  shall  be  incurred  nor  payment  made  for  any  of 


Appropriation. 
Ibid. 


PrOTlBO. 


Limit    to 
state   appro- 
priation. 


Custodian 
of  school 
moneys. 


Special    re- 
port   to    Com- 
missioner  of 
Education. 
Ibid. 


Assistance. 
Ibid. 


Expenses 
Incurred 
met. 
Ibid. 


88 


SCHOOL  LAW. 


Free 

text-books. 
P.    L.    19(W. 
Special 
session. 


Rules  for 
text-hooks. 
Ibid. 


School 
officers    and 
teachers  not 
to    be 

interested   in 
furnishing 
text-hooks. 
Ibid. 


the  purposes  named  in  this  act  until  an  appropriation 
therefor  shall  have  been  made  in  a  regular  appropriation 
bill. 

Article  XIV. 

TEXT-ROOKS    AND    SUPPLIES. 

181.  (150.)  Text-books  and  school  supplies  shall  be 
furnished  free  of  cost  for  use  by  all  pupils  in  the  public 
schools.  Every  school  district  shall  raise  and  appropri- 
ate annually  in  the  same  manner  as  other  school  moneys 
shall  be  raised  and  appropriated  in  such  district  an  amount 
sufficient  to  pay  for  such  text-books  and  supplies. 

182.  (151-)  Every  board  of  education  shall  make  rules 
for  safekeeping  and  proper  care  of  text-books,  and  shall 
keep  an  account  of  all  moneys  expended  Dy  it  for  such 
text-books  and  supplies,  and  shall  report  the  same  in  its 
annual  financial  statement. 

183.  (l52-)  It  shall  be  unlawful  for  any  County  Super- 
intendent of  Schools,  member  of  a  board  of  education, 
teacher  or  any  person  officially  connected  with  the  public 
schools  to  be  agent  for,  or  to  be  in  any  way  pecuniarily 
or  beneficially  interested  in  the  sale  of  any  text-books, 
maps,  charts,  school  apparatus  or  supplies  of  any  kind  or 
to  receive  compensation  or  reward  of  any  kind  for  any 
such  sale  or  for  unlawfully  promoting  or  favoring  the 
same.  A  violation. of  the  provisions  of  this  section  shall 
be  punishable  by  removal  from  office  or  by  revocation  of 
certificate  to  teach. 

Article  XV. 


Definitions 

"Supervisor 
school  exem] 
tion  certifi- 
cates." 
P.    I..    1914. 
Chap.    22.".. 


"Age    and 

schooling 

certificate." 


COMPULSORY   EDUCATION. 

184.  (i.)  Definition, 
of  (a)  "Supervisor  of  school  exemption  certificates,"  as 
used  in  this  act,  shall  mean  any  superintendent  of  schools, 
supervising  principal,  principal  or  teacher  of  any  school 
district  who  shall  be  designated  by  the  board  of  education 
in  that  district  to  carry  out  the  provisions  of  this  act. 

(b)    "Age  and  schooling  certificate,"  as  used  in  this  act, 
shall  mean  a  certificate  granted  by  the  supervisor  of  school 


SCHOOL  LAW. 


«9 


exemption  certificates,  and  such  certificate,  when  granted, 
pursuant  to  this  act,  shall  authorize  the  holder  thereof  to 
cease  attending  school  when  employed  in  some  occupa- 
tion lawful  for  children  under  sixteen  years  of  age. 

(c)  "Age  and  working  certificate,"  as  used  in  this  act, 
shall  mean  a  certificate  granted  by  the  supervisor  of 
school  exemption  certificates,  pursuant  to  section  thirteen 
(a)  of  this  act,  which  certificate,  when  granted,  shall  not 
exempt  the  child  from  attendance  at  school,  but  shall  allow 
such  child  to  secure  certain  employment  in  the  open  air, 
which  employment  shall  be  lawful  for  children  under 
fourteen  years  of  age. 

(d)  "Employer's  certificate,"  as  used  in  this  act,  shall 
mean  a  certificate  setting  forth  the  fact  that  a  child  has 
secured  employment,  as  provided  in  section  twelve  of  this 
act. 

185.  (2.)  Every  parent,  guardian,  or  other  person  hav- 
ing custody  and  control  of  a  child  between  the  ages  of 
seven  and  sixteen  years,  shall  cause  such  child  regularly 
to  attend  a  day  school  in  which  at  least  reading,  writing, 
spelling,  English  grammar,  arithmetic  and  geography  are 
taught  in  the  English  language  by  a  competent  teacher,  or 
to  receive  equivalent  instruction  elsewhere  than  at  school, 
unless  such  child  is  above  the  age  of  fourteen  years,  has 
been  granted  an  age  and  schooling  certificate,  and  is  regu- 
larly and  lawfully  employed  in  some  useful  occupation  or 
service.  Such  regular  attendance  shall  be  during  all  the 
days  and  hours  that  the  pubic  schools  are  in  session  in  said^ 
school  district,  unless  it  shall  be  shown  to  the  satisfaction 
of  the  board  of  education  of  said  school  district  that  the 
mental  or  bodily  condition  of  the  child  is  such  as  to  pre- 
vent his  or  her  attendance  at  school. 

186.  (3-)  Age  and  schooling  certificates  and  age  and 
working  certificates  may  be  granted  by  the  supervisor  of 
school  exemption  certificates  in  the  school  district  in  which 
the  child  resides,  on  the  application  in  person  of  the  parent, 
guardian  or  custodian  of  the  child  for  whom  such  certifi- 
cate is  desired. 


"Age    and 
working    cer- 
tificate." 


"Employer's 
certificate." 


Required 

schooling. 

Ibid. 


Certificates 
granted  on 
application. 
Ibid. 


(a)   The   number  refers   to   that   in    (      ). 


90 


SCHOOL  LAW. 


Attendance 
at   school. 
Ibid. 


Proof    of    age 
Ibid. 


Transcript   of 
birth    certifi- 
cate. 


Passport    or 

baptismal 

record. 


Other  evidence 
may   be 
accepted. 


if    document- 
ary   proof    un- 
available. 


What  appli- 
cation  to 
show. 


Investigation 
as    to    age. 


187.  (4-)  Every  child  under  the  age  of  sixteen  years 
who  is  not  regularly  and  lawfully  employed  in  any  useful 
occupation  or  service,  shall  not  be  exempt  from  attendance 
at  school. 

188.  (5-)  For  the  purpose  of  this  act,  evidence  that  the 
child  is  at  least  fourteen  years  of  age  shall  consist  of  one 
of  the  following  proofs  of  age,  and  shall  be  required  in 
the  order  herein  designated,  as  follows : 

(a)  A  duly  attested  transcript  of  the  birth  certificate 
filed  according  to  law  with  a  registrar  of  vital  statistics 
or  other  officer  charged  with  the  duty  of  recording  births, 
which  certificate  shall  be  prima  facie  evidence  of  the  age 
of  such  child. 

(b)  A  passport,  or  a  duly  attested  transcript  of  a  cer- 
tificate of  baptism  showing  the  date  of  birth,  and  place 
of  baptism  of  the  child. 

(c)  In  case  the  proofs  required  by  paragraphs  (a)  or 
(b)  cannot  be  produced,  such  other  documentary  evidence 
of  age  as  shall  be  satisfactory  to  the  officer  issuing  the 
certificate  (except  the  school  record  of  the  child  or  the 
affidavit  of  the  parent,  guardian,  or  other  person  having 
control  of  such  child)  may  be  accepted,  duly  attested,  as 
proof  of  age,  in  the  discretion  of  the  officer  issuing  the 
certificate. 

(d)  In  case  no  documentary  proof  of  age  can  be  pro- 
duced the  officer  authorized  to  issue  the  certificate  may 
receive  and  file  an  application  for  a  physician's  certificate 
signed  by  the  parent,  guardian  or  other  person  having 
control  of  the  child  for  whom  the  application  is  made. 
Such  application  shall  contain  the  name,  alleged  age,  place 
and  date  of  birth,  and  present  residence  of  the  child,  to- 
gether with  such  further  facts  as  may  be  of  assistance  in 
determining  the  age  of  such  child,  and  shall  also  contain 
a  statement  certifying  that  the  person  signing  such  appli- 
cation is  unable  to  produce  any  of  the  documentary  evi- 
dence specified  in  paragraphs  (a),  (b)  or  (c).  Within 
sixty  days  after  the  date  of  the  filing  of  such  application 
a  careful  investigation  shall  be  made  as  to  the  truth  of  the 
facts  set  forth  in  said  application,  and  if  no  facts  shall 
appear    tending   to    discredit   or    contradict    any    material 


SCHOOL  LAW. 


91 


Medical 
Inspection 
as    proof. 


Preference  ns 
to   evidence 
of    age. 


statement  in  the  application,  the  officer  authorized  to  issue 
the  certificate  may  direct  the  child  to  appear,  at  a  time  and 
place  to  be  designated  by  him,  for  physical  examination 
without  removal  of  clothing  by  a  medical  inspector  em- 
ployed by  the  board  of  education  of  the  school  district  in 
which  said  child  resides.  In  case  said  medical  inspector 
shall  certify  in  writing  that  he  has  examined  said  child, 
and  that,  in  his  opinion,  such  child  is  at  least  fourteen 
years  of  age,  such  officer  shall,  for  the  purpose  of  this  act, 
accept  the  certificate  of  said  medical  inspector,  as  sufficient 
proof  of  the  age  of  said  child.  The  officer  issuing  the 
certificate  shall  require  the  evidence  of  age  specified  in 
paragraph  (a)  in  preference  to  that  specified  in  any  sub- 
sequent paragraph,  and  shall  not  accept  the  evidence  of 
age  specified  by  any  paragraph  other  than  paragraph  (a) 
unless  there  shall  be  filed  in  his  office,  in  addition  thereto, 
an  affidavit  of  the  parent,  guardian,  or  other  person  having 
control  of  the  child,  showing  that  no  evidence  of  age 
specified  in  any  paragraph  preceding  that  specified  in  the 
affidavit  can  be  produced.  Said  affidavit  shall  also  con- 
tain the  age,  date  and  place  of  birth,  when  and  where 
baptized  and  present  residence  of  the  child. 

189.  (6.)  All  oaths,  affirmations  and  affidavits  required  ^adt™in!sterlng 
to  be  made  or  taken  in  any  proceeding  had  pursuant  to  ">ia. 
this  act  in  an  application  for  an  age  and  schooling  certi- 
ficate or  age  and  working  certificate  shall  be  taken  by  the 
supervisor  of  school  exemption  certificates  and  the  said 
supervisor  of  school  exemption  certificates  is  hereby 
granted  the  power  to  administer  oaths  and  take  affidavits 
and  affirmation  in  all  such  proceedings  held  pursuant  to 
this  act.  Any  person  who  shall  swear  or  affirm  falsely  at  PerJnr*- 
any  hearing  or  any  proceeding  taken  pursuant  to  this  act 
to  an  application  for  an  age  and  schooling  certificate  or 
age  and  working  certificate,  or  shall  sign  and  swear  or 
affirm  to  any  affidavit  containing  a  false  statement  to  be 
used  in  any  such  proceeding,  shall  be  guilty  of  committing 
perjury  and,  upon  conviction  thereof,  shall  be  fined  not 
exceeding  one  thousand  dollars  or  imprisoned  with  or 
without  hard  labor  as  the  court  may  direct  for  any  time 
not  to  exceed  three  years,  or  both. 


Penalty. 


92 


SCHOOL  LAW. 


All  applicants 
examined    by 
physician. 
Ibid. 


Record    of 

school 

attendance 

xiven. 

Ibid. 


Proficiency . 


What    certifi- 
cate to  set 

forth. 
Ibid. 


190.  (7-)  Before  granting-  any  age  and  schooling  cer- 
tificate or  age  and  working  certificate  the  child  shall  ap- 
pear before  a  medical  inspector  employed  by  the  board  of 
education  who  shall  examine  said  child  and  file  with  the 
supervisor  of  school  exemption  certificates  a  certificate 
signed  by  said  medical  inspector  describing  the  physical 
condition  of  said  child  and  certifying  as  to  whether  such 
child  has  the  normal  development  of  a  child  of  its  age  and 
is  of  sufficiently  sound  health  and  physically  able  to  be 
employed  in  any  of  the  occupations  in  which  a  child  be- 
tween fourteen  and  sixteen  years  of  age  may  legally  be 
employed. 

191.  (8.)  No  age  and  schooling  certificate  shall  be 
issued  until  there  shall  have  been  filed,  with  the  officer 
authorized  to  issue  the  same,  satisfactory  proof  that  the 
child  for  whom  such  certificate  is  requested  has  regularly 
attended  a  public  school,  or  has  received  instruction  equi- 
valent to  that  provided  in  the  public  schools,  for  a  period 
of  not  less  than  one  hundred  and  thirty  days  during  the 
twelve  months  next  preceding  the  date  of  the  application 
for  such  certificate,  is  able  to  read  intelligently  and  write 
legibly  simple  sentences  in  the  English  language,  has  com- 
pleted a  course  of  study,  equivalent  to  five  yearly  grades  in 
reading,  writing,  spelling,  English  language  and  geography, 
is  familiar  with  the  fundamental  operations  of  arithmetic, 
up  to  and  including  simple  fractions,  and  that  such  child 
is  able  to  perform  the  work  in  which  he  or  she  may  be 
lawfully  employed. 

192.  (9.)  Satisfactory  proof  on  behalf  of  a  child  apply- 
ing for  an  age  and  schooling  certificate  pursuant  to  the 
provisions  of  this  act  having  been  produced  as  to  the  age, 
physical  condition  and  schooling  of  said  child,  it  shall  be 
lawful  for  the  supervisor  of  school  exemption  certificates 
to  issue  in  accordance  with  section  three  of  this  act  an 
age  and  schooling  certificate  to  said  child,  dated  on  the  day 
it  is  issued  and  signed  by  the  person  issuing  the  same, 
which  certificate  shall  state  the  color,  name,  sex,  date  and 
place  of  birth,  residence,  color  of  hair  and  eyes,  height, 
weight,  and  any  distinguishing  facial  marks  of  the  child, 
and  shall  contain  a  statement  that  the  proofs  of  age,  edu- 


SCHOOL  LAW. 


93 


cation  and  physical  condition  required  by  this  act  have 
been  filed  with  the  officer  issuing  the  certificate,  and  that 
the  child  named  in  the  certificate  has  personally  appeared 
before  the  medical  inspector  and  been  examined.  Every 
such  certificate  shall  be  signed  in  the  presence  of  the 
supervisor  of  school  exemption  certificates  by  the  child  in 
whose  name  it  is  issued  or  other  person  having  custody 
and  control  of  such  child. 

193.  (10.)  Every  supervisor  of  school  exemption  cer- 
tificates issuing  an  age  and  schooling  certificate  or  an  age 
and  working  certificate  shall  send  immediately  to  the  De- 
partment of  Labor  at  Trenton  the  original  papers  upon 
which  said  certificate  was  granted.  Said  department  shall 
examine  said  papers  and  promptly  return  them  to  the 
supervisor  of  school  exemption  certificates,  who  shall  file 
them  in  his  office.  Whenever  there  is  reason  to  believe 
that  an  age  and  schooling  certificate  or  an  age  and  work- 
ing certificate  was  improperly  issued  the  Commissioner  of 
Labor  shall  notify  the  Commissioner  of  Education  and  the 
board  of  education  of  the  school  district  in  which  said  cer- 
tificate was  issued.  The  board  of  education  of  said  dis- 
trict may  cancel  any  age  and  schooling  certificate  or  any 
age  and  working  certificate  issued  by  it  and  shall  cancel 
the  same  when  directed  so  to  do  by  the  Commissioner  of 
Education. 

194.  (ii.)  The  supervisor  of  school  exemption  certifi- 
cates shall  keep  a  record  of  every  such  certificate  issued 
by  him  giving  all  the  facts  contained  in  such  certificate, 
and  also  a  record  of  the  name  and  address  of  every  child 
to  whom  a  certificate  has  been  refused,  together  with  the 
name  or  number  of  the  school  which  such  child  should 
attend,  and  the  reason  for  refusal. 

195.  (12.)  The  supervisor  of  school  exemption  certifi- 
cates shall  give  to  each  child  to  whom  an  age  and  school- 
ing certificate  is  issued  a  blank  form  of  "employer's  cer- 
tificate" which  shall  be  filled  in  by  the  person  employing 
said  child,  setting  forth  the  nature  of  the  work  the  child 
is  to  do,  the  date  the  child  starts  work,  and  also  the  salary 
a  week  to  be  paid  the  child,  which  form,  correctly  filled 
out,  shall  within  two  days,  be  surrendered  or  returned  by 


Labor    bureau 

notified. 

Ibid. 


Action    of 
certificate  im- 
properly 
issued. 


Record    of 
certificates 
kept. 
Ibid. 


Exchange   of 
certificates 
during  em- 
ployment. 
Ibid. 


94 


SCHOOL  LAW. 


U    child's 
residence 
unknown, 
disposition   of 
certificate. 


Action    when 
child    changes 
employment. 


Penalty. 


Notification 
on  canceling 
certificate. 


the  person,  firm  or  corporation  employing  said  child  to 
the  supervisor  of  school  exemption  certificates  of  the  dis- 
trict in  which  the  child  resides.  The  child,  upon  securing 
employment,  shall  surrender  the  age  and  schooling  certi- 
ficate to  his  employer  who  shall  retain  said  certificate  dur- 
ing the  time  said  child  is  in  his  employ;  said  employer 
shall,  within  two  days  after  the  child  is  discharged  or 
ceases  to  work  for  him,  surrender  or  return  the  age  and 
schooling  certificate  to  the  supervisor  of  school  exemp- 
tion certificates  of  the  school  district  in  which  said  child 
resides,  who  shall  file  the  same  in  his  office  and  keep  said 
certificate  until  such  time  as  the  child  shall  again  secure 
employment.  If,  however,  said  employer  does  not  know 
or  cannot  find  the  location  of  said  child's  residence,  he 
shall  surrender  or  deliver  the  age  and  schooling  certificate 
to  the  supervisor  of  school  exemption  certificates  for  the 
district  in  which  the  business  of  the  employer  was  located, 
and  said  supervisor  of  school  exemption  certificates  shall 
make  inquiry  and  search  for  said  child,  and  if  he  cannot 
find  where  said  child  resides,  he  shall  return  the  certificate 
to  the  supervisor  of  school  exemption  certificates  who 
issued  the  same. 

Whenever  a  child  shall  find  other  employment  it  shall 
apply  to  the  supervisor  of  school  exemption  certificates  of 
the  school  district  in  which  said  child  lives  for  the  return 
of  the  age  and  schooling  certificate,  together  with  a  blank 
form  of  employer's  certificate,  and  the  employer  shall 
retain  and  file  in  his  office  said  age  and  schooling  certifi- 
cate, and  fill  in  and  return  the  employer's  certificate  as 
provided  above.  Any  person,  the  members  of  any  firm 
or  the  officers  or  agents  of  any  corporation  failing  to  com- 
ply with  the  provisions  of  this  section  of  this  act,  shall  be 
deemed  and  adjudged  to  be  a  disorderly  person  or  persons, 
and  upon  conviction  thereof,  shall  be  fined  not  to  exceed 
twenty-five  dollars,  or  imprisoned  in  jail,  not  to  exceed 
thirty  days,  or  both. 

Whenever  any  age  and  schooling  certificate  or  any  age 
and  working  certificate  shall  have  been  cancelled  as  pro- 
vided in  section  ten  (a)  of  this  act,  the  board  of  education 


(a)  The  number  refers  to  that  in  (     ). 


SCHOOL  LAW. 


95 


cancelling  said  certificate  shall  immediately  notify  the  Com- 
missioner of  Education,  the  Commissioner  of  Labor  and 
the  person  or  corporation  by  whom  the  child  is  employed 
of  its  action,  and  said  person  or  corporation  shall  imme- 
diately upon  receiving  said  notice  forward  said  certificate 
to  the  Commissioner  of  Education. 

196.  (13)  Whenever  a  child  between  the  age  of  ten 
and  sixteen  years  desires  to  work  in  order  to  assist  in 
supporting  itself  or  the  family,  it  shall  be  lawful  for  the 
parent,  guardian  or  other  person  having  the  custody  and 
control  of  said  child  between  the  ages  of  ten  and  sixteen 
years  to  file  a  petition  with  the  supervisor  of  school  ex- 
emption certificates  of  the  school  district  in  which  the 
child  resides,  which  petition  shall  set  forth  the  fact  that 
said  child  desires  to  secure  employment  in  order  to  help 
support  itself  or  family,  together  with  evidence"  which 
shall  comply  with  the  provisions  of  this  act  as  to  the  age 
of  said  child  and  the  character  of  the  work  the  child  is  to 
perform,  which  work  shall  only  include  selling  newspapers, 
blacking  shoes,  running  errands,  and  other  light  employ- 
ments, not  otherwise  prohibited  by  law  for  children  under 
sixteen.  If  upon  investigation  it  shall  be  found  that  the 
facts  set  forth  in  the  petition  are  true  and  that  the  work 
will  not  interfere  with  the  child's  standing  in  school,  or 
with  the  child's  health,  it  shall  be  lawful  for  the  super- 
visor of  school  exemption  certificates  to  grant  to  said  child 
an  age  and  working  certificate,  to  work  at  such  times  as 
the  public  schools  in  the  district  shall  not  be  in  session, 
but  not  before  six  o'clock  in  the  morning  nor  after  seven 
o'clock  at  night.  Any  person,  the  members  of  any  firm 
or  the  officers  or  agents  of  any  corporation  employing, 
permitting,  or  allowing  a  child  to  work,  contrary  to  the 
provisions  of  this  section,  shall  be  deemed  and  adjudged 
to  be  a  disorderly  person  or  persons,  and  upon  conviction 
thereof,  shall  be  fined  fifty  dollars,  or  imprisoned  not  to 
exceed  one  year  or  both ;  provided;  that  nothing  contained 
in  this  section  shall  apply  to  any  child  employed  in  agri- 
cultural pursuits. 

197.  (i4-)  Every  child  between  the  ages  of  seven  and 
fourteen  years,  and  every  child  between  the  ages  of  four- 


Employment 
of    school 
children 
outside 
school  hours. 


Certificate 
issued    to   do 
light   work. 


Penalty. 


Proviso. 


Truancy. 
Ibid. 


96 


SCHOOL  LAW. 


Procedure 
against. 


Failure   of 
parents   and 
guardians    to 
comply   with 
law. 
Ihid. 


Penalty. 


Proviso. 


Proviso. 


Court    to 
hear    cause. 


teen  and  sixteen  years  who  is  not  lawfully  employed  in 
some  useful  occupation  or  service,  who  shall  repeatedly 
be  absent  from  school,  or  any  child  found  away  from 
school  during  school  hours  whose  parent,  guardian  or 
other  persons  having  charge  and  control  of  such  child  is 
unable  to  cause  him  to  attend  school,  or  any  pupil  who 
shall  be  incorrigible,  actually  vagrant,  vicious  or  immoral 
in  conduct,  shall  be  deemed  to  be  a  juvenile  disorderly 
person  or  a  juvenile  delinquent  and  shall  be  proceeded 
against  as  such. 

198.  (i5-)  Any  parent,  guardian  or  other  person  having 
custody  and  control  of  any  child  between  the  ages  of 
seven  and  sixteen  years  who  shall  fail  to  comply  with 
the  provisions  of  section  two  of  this  act,  or  any  parent, 
guardian  or  other  person  having  custody  and  control  of 
any  child  between  the  ages  of  seven  and  sixteen  years, 
who  shall  fail  to  comply  with  any  of  the  provisions  of  this 
act  relating  to  his  or  her  duties,  shall  be  deemed  to  be  a 
disorderly  person,  and  upon  conviction  thereof,  it  shall 
be  lawful  for  the  magistrate  or  judge  before  whom  such 
person  is  convicted  to  sentence  such  person  to  the  work- 
house, penitentiary  or  county  jail  of  the  county  in  which 
such  person  may  be  convicted,  for  a  period  not  to  exceed 
one  year,  or  to  impose  a  fine  not  to  exceed  fifty  dollars,  or 
both ;  provided,  however,  that  no  justice  of  the  peace  shall 
have  jurisdiction  in  any  proceedings  brought  under  the 
provisions  of  this  act ;  and  provided,  further,  that  when  a 
complaint  is  filed  under  this  act  the  judge  before  whom 
such  complaint  is  made  shall  issue  a  rule  to  show  cause 
setting  forth  the  facts  contained  in  the  complaint,  and  com- 
manding the  defendant  to  appear  before  the  court  at  a  cer- 
tain time  on  a  day  which  shall  be  at  least  three  days  from 
the  date  of  the  order  to  show  cause  why  the  defendant 
should  not  be  punished  pursuant  to  the  provisions  of  this 
act,  and  also  demanding  that  the  defendant  produce  at  the 
same  time  the  child  or  children  named  in  the  complaint, 
which  rule  shall  be  served  by  the  sheriff,  court  officer, 
police  officer,  constable  or  other  person  designated  for  the 
purpose  by  the  court.  Upon  the  return  of  said  rule  and 
the  appearance  of  said  defendant,  together  with  said  child 


SCHOOL  LAW. 


97 


or  children,  the  court  shall  proceed  to  hear  and  determine 
the  cause.  If  the  defendant  shall  fail  to  appear  and  pro- 
duce the  child  or  children  named  in  the  rule  and  on  the 
days  specified  therein,  a  warrant  shall  be  issued  and  the 
defendant  shall  be  proceeded  against  as  a  disorderly  person 
in  the  manner  provided  in  this  act. 

199.  (16.)  It  shall  be  the  duty  of  the  parent,  guardian 
or  other  person  having  custody  and  control  of  any  child 
to  whom  an  age  and  schooling  certificate  has  been  issued 
to  see  that  the  child  is  either  continuously  employed  or 
regularly  attends  school,  and  it  shall  be  the  duty  of  the 
supervisor  of  school  exemption  certificates  of  the  district 
in  which  the  child  resides  to  take  the  proper  proceedings, 
as  provided  in  sections  fourteen  and  fifteen  (a)  of  this 
act,  to  enforce  the  attendance  at  school  of  any  child  who 
fails  to  secure  employment  and  also  to  secure  and  retain 
the  age  and  schooling  certificate  for  such  child  until  such 
times  as  it  shall  secure  lawful  employment. 

200.  (i7-)  For  the  purpose  of  enforcing  the  provisions 
of  this  article  the  board  of  education  of  each  school  dis- 
trict shall  appoint  a  suitable  number  of  qualified  persons 
to  be  designated  as  attendance  officers,  and  shall  fix  their 
compensation.  Said  board  shall  make  rules  and  regula- 
tions not  inconsistent  with  the  provisions  of  this  article, 
for  the  government  of  said  attendance  officers,  which  rules 
and  regulations  must  be  approved  by  the  Commissioner 
of  Education,   (b) 

201.  (18.)  Every  attendance  officer  who  shall  find  any 
child  between  seven  and  fourteen  years  of  age  (or  any 
child  between  fourteen  and  sixteen  years  of  age,  who  is 
not  lawfully  employed  in  some  useful  occupation  or 
service)  away  from  home  during  school  hours,  who  shall 
then  be  a  truant  from  school,  shall  take  such  child  and 
deliver  him  to  the  parent,  guardian  or  other  person  having 
charge  and  control  of  such  child,  or  to  the  teacher  of  the 
school  which  such  child  is  lawfully  required  to  attend. 
The  attendance  officer  shall  examine  into  all  violations  of 
the  provisions  of  this  article,  and  shall  warn  any  child 


Compulsory 
attendance 
at    school. 
Ibid. 


School 
attendance 
officers. 
Ibid. 


Returns   of 
truauta  to 
parents  or 
school. 
Ibid. 


Truant    of- 
ficers to   in- 
vestigate 
violation? 


(a)  The  number  refers  to  that  in   (     ). 

(b)  See  sections   311   and   312. 


SCHOOL  LAW. 


Parents, 
notified 


etc. 


Power    of 
arrest. 


Delinquents 
produced 
at    court. 


As  to  fees 
[bid. 


Schedule 
»f  fees. 
Ibid. 


By    whom 
paid. 


violating  any  of  the  provisions  of  this  article  and  also  the 
parent,  guardian  or  other  person  having  charge  and  control 
of  said  child  of  the  consequences  of  said  violation  if  per- 
sisted in,  and  shall  notify,  in  writing,  such  parent,  guar- 
dian or  other  person  to  cause  said  child  to  attend  school 
within  five  days  from  the  date  on  which  notice  was  served 
and  regularly  to  attend  thereafter,  or  every  attendance 
officer  shall  have  full  police  power  to  enforce  the  provi- 
sions of  this  act  and  shall  have  the  power  to  arrest  without 
warrant  any  vagrant  child  or  habitual  truant  or  any  child 
who  is  habitually  incorrigible  or  who  is  vicious  or  immoral 
in  conduct  or  illegally  absent  from  school.    The  sheriff  and 
his  officers  and  all  police  officers  and  constables  shall  assist 
all  such  attendance  officers  in  the  performance  of  their 
duties,  and  any  keeper  of  a  prison  or  jail  or  school  or 
house  of  detention  for  juvenile  offenders  shall  receive  all 
juvenile  delinquents  or  juvenile  disorderly  persons  who 
shall  be  arrested  by  the  attendance  officers  and  shall  pro- 
duce them  at  the  next  session  of  court  to  abide  by  the 
action  of  the  court. 

202.  (x9-)  No  fees  or  expenses  incurred  in  obtaining 
an  age  and  schooling  certificate  or  an  age  and  working 
certificate  shall  be  charged  to  or  paid  by  any  parent, 
guardian  or  other  person  having  custody  or  control  of  any 
child  for  any  services  or  proceedings  had  under  this  act. 

203.  (20.)  The  following  fees  shall  be  allowed  for 
services  under  the  provisions  of  this  act,  which  shall  be  in 
full  of  all  other  fees  and  charges  whatsoever: 

To  officer  for  serving  process, 

Serving   warrant,   $0.75 

And  mileage  at  the  rate  of  four  cents  per 
mile. 

Serving  every  subpoena  or  order, 0.25 

Serving   commitment,    — „ 0.50 

which  fees  shall  be  paid  by  the  county  collector  or  city, 
town  or  borough  treasurer,  as  the  case  may  be,  and  all 
fines  collected  shall  be  paid  to  said  collector  or  treasurer 
for  the  use  of  said  county,  city,  town  or  borough. 


SCHOOL  LAW. 


9'J 


No  person  who  is  paid  a  stated  salary  shall  be  entitled 
to  or  be  paid  any  of  the  fees  specified  in  this  section. 

204.  (i.)  Whenever  there  shall  be  certified  to  the  Com- 
missioner of  Education  that  there  has  been  subscribed  or 
donated  a  sum  not  less  than  nine  hundred  dollars  for  the 
purpose  of  paying  the  salary  of  a  person  to  be  known  as 
county  attendance  officer  of  any  county,  said  commissioner 
shall  appoint,  by  and  with  the  advice  and  consent  of  the 
State  Board  of  Education,  a  suitable  person  to  be  known 
as  county  attendance  officer  for  said  county  who  shall 
perform  such  duties  as  shall  be  prescribed  by  rules  and 
regulations  adopted  by  the  State  Board  of  Education.  The 
term  of  office  of  such  county  attendance  officer  shall  be 
one  year,  but  no  person  shall  be  appointed  as  such  county 
attendance  officer  in  any  year  until  there  shall  have  been 
certified  to  the  commissioner  that  a  sum  sufficient  to  pay 
the  salary  of  such  officer,  but  not  less  than  nine  hundred 
dollars,  shall  have  been  subscribed  or  donated  as  aforesaid. 

205.  (2.)  The  county  superintendent  of  the  county  in 
which  a  county  attendance  officer  has  been  appointed  shall, 
before  making  his  apportionment  of  the  school  moneys, 
deduct  from  the  amount  of  the  railroad  tax  appropriated 
to  his  county  the  sum  of  five  hundred  dollars,  which  sum 
shall  remain  in  the  hands  of  the  county  collector  and  shall 
be  available 'only  for  the  payment  of  expenses  incurred  by 
the  county  attendance  officer  in  the  performance  of  his 
official  duties,  which  expenses  shall  be  paid  by  the  county 
collector  on  bills  duly  certified  by  the  Commissioner  of 
Education.  If  at  the  time  of  making  the  then  next  ap- 
portionment of  school  moneys  any  balance  of  said  five 
hundred  dollars  shall  be  and  remain  in  the  hands  of  the 
county  collector  said  county  collector  shall  certify  to  the 
county  superintendent  of  schools  the  amount  of  said  bal- 
ance and  the  county  superintendent  shall  thereupon  include 
said  amount  in  the  amount  to  be  apportioned  among  the 
schools  of  his  county  in  the  then  next  apportionment. 


Salaried 
persons    not 
feed. 
Ibid. 

County  attend- 
ance  officer. 
P.  L.  1914, 
Chap.  137. 


Term. 


Salary. 


Deduction  by 
county   super- 
intendent. 
Ibid. 


Use   of 

balance. 


IOO 


SCHOOL  LAW. 


Article  XVI. 


SCHOOL    FUND. 


Trustees    of 
school    fund. 
P.   L.   1903, 
Special 
session. 


Secretary 
of  board. 
Ibid. 


Riparian 
lands    part 
of    school 
fund. 
Ibid. 


Income 
from   leasies. 
Ibid. 


'nvestmentg. 
iMd. 


206.  (166.)  The  Governor,  the  Attorney-General,  the 
Secretary  of  State,  the  State  Comptroller  and  the  State 
Treasurer  (a)  are  hereby  constituted  a  Board  of  Trustees 
of  the  Fund  for  the  Support  of  Public  Schools  arising 
from  appropriations  heretofore  made  or  which  may  be 
hereafter  made  by  law,  or  which  may  arise  from  gift, 
grant,  bequest  or  devise,  which  board  shall  be  known  as 
"The  Trustees  for  the  Support  of  Public  Schools.'' 

207.  (167.)  The  Secretary  of  State  shall  be  the  Secre- 
tary of  said  board.  He  shall  record  in  a  book  to  be  kept 
for  that  purpose  the  proceedings  of  said  board  and  the 
accounts  to  be  furnished  by  the  State  Treasurer  as  here- 
inafter directed. 

208.  (168.)  All  lands  belonging  to  this  state  now  or 
formerly  lying  under  water  are  appropriated  for  the 
support  of  public  schools,  and  all  moneys  hereafter  re- 
ceived from  the  sales  of  such  lands  shall  be  paid  to  "The 
Trustees  for  the  Support  of  Public  Schools,"  and  shall 
be  invested  by  said  board,  and  shall  constitute  a  part  of 
the  permanent  school  fund  of  the  state. 

209.  (169-)  All  leases  which  have  been  heretofore 
made,  or  which  shall  be  hereafter  made  of  such  lands, 
shall  be  held  by  "The  Trustees  for  the  Support  of  Public 
Schools"  as  a  part  of  the  principal  of  the  school  fund,  and 
the  income  arising  from  said  leases  shall  be  a  part  of  the 
income  of  said  school  fund. 

210.  (i/O.)  Moneys  belonging  to  the  school  fund  shall 
be  invested  by  said  board  in  the  bonds  of  the  several 
school  districts  of  this  state,  or  in  the  bonds  of  the  United 
States,  or  of  this  state,  or  in  the  bonds  of  any  county, 
city,  incorporated  town,  township  or  borough  of  this  state 
the  total  indebtedness  of  which  shall  not  exceed  in  the 
aggregate  fifteen  per  centum  of  the  total  assessable  valua- 
tion of  all  taxable  property  therein,  and  the  interest  thereof 
shall  be  a  part  of  the  income  of  said  school  fund.     The 


(a)   The  Commissioner  of  Education  is  a  member  of  the  Board  of 
Trustees.      See   section   8. 


SCHOOL  LAW. 


101 


income  of  said  school  fund  shall  be  used  for  the  support 
of  public  schools,  the  payment  of  the  salaries  of  the  County 
Superintendents  of  Schools,  the  payment  of  premiums  and 
accrued  interest  on  bonds  purchased  by  the  "Trustees  for 
the  Support  of  the  Public  Schools."  and  for  no  other  use 
or  purpose  whatsoever.  An  account  of  the  management 
of  said  fund  shall  be  laid  before  the  Legislature  with  the 
annual  statements  of  the  State  Treasurer's  accounts.  No 
compensation  shall  be  paid  to  said  trustees  or  treasurer 
for  any  services  performed  in  pursuance  of  this  article,  (a) 

211.  071-)  Said  board  shall  not  invest  any  part  of  the 
principal  or  interest  of  said  fund  in  bonds  secured  by 
mortgage  on  lands  except  as  hereinafter  provided. 

212.  (172.)  Said  board  shall  cause  foreclosure  pro- 
ceedings to  be  commenced  without  delay  whenever  the 
interest  on  bonds  secured  by  mortgage  held  by  said  board 
as  part  of  the  school  fund  shall  remain  unpaid  for  the 
space  of  six  months ;  provided,  that  whenever  foreclosure 
proceedings  shall  have  been  commenced,  said  board  may, 
in  its  discretion,  discontinue  the  same  upon  the  payment 
of  accrued  interest  and  the  costs  of  such  proceedings. 

213.  (i73-)  Said  board  may  bid  for  and  purchase  any 
lands  and  premises  exposed  to  sale  under  the  order  and 
decree  of  any  court  for  the  payment  and  satisfaction  of 
any  mortgage  incumbrance  thereon  held  by  said  board,  and 
may  take  and  hold  title  to  the  lands  and  premises  so  pur- 
chased in  and  by  its  official  name  as  a  part  of  the  principal 
of  the  school  fund ;  provided,  that  said  board  shall  not 
bid  a  higher  price  for  such  lands  and  premises  than  shall 
be  sufficient  to  produce  the  amount  due  upon  said 
mortgage  incumbrance  and  costs.  The  taxed  costs  attend- 
ing such  proceedings  and  sale,  if  any,  shall  be  paid  by  the 
State  Treasurer  on  the  warrant  of  the  State  Comptroller. 

(a)  1.  The  trustees  for  the  support  of  public  schools  are  the  cus- 
todians of  the  fund  set  apart  for  the  support  of  public  schools,  free 
by  constitutional  provision  from  even  the  control  of  the  legislature, 
except  in  the  des'gnation  of  the  mode  in  which  the  interest  and  divi- 
dends arising  therefrom  shall  be  applied  for  the  support  of  public 
schools.  For  the  purposes  of  the  administration  of  the  fund  of  which 
they  are  made  custodians  and  of  the  rights  and  remedies  upon  or 
against  the  securities  in  which  it  is  invested,  the  trustees  are  consti- 
tuted the  representatives  of  the  State.  American  Dock  and  Improve- 
ment Co.  v.  Trustees  of  Public  Schools,  8  Stew.  181. 

2.  See  sections  300  and  301. 


TTse   of 
income. 


Annual 
accounting. 


Mortgage  in- 
vestments. 
Ibid. 


Foreclosure. 
Ibid. 


ProTlto 


Purchase 
property   at 
foreclosure 
sale. 
Ibid. 


Proviso. 


Payment    of 
taxed   costs. 


102 


SCHOOL  LAW. 


Sale   of 
real    estate. 
Ibid. 


Loan    on 

mortgage. 


Annual 
report   to 

legislature. 
Ibid. 


Apportion- 
ment  of   fund. 
Ibid. 


Provision  for 
deficiency. 


Change 

coupon     bonds 
to   registered. 
1'.   L.    1911, 
Chap.    236. 


214.  (I74-)  All  real  estate  now  held  by  "The  Trustees 
for  the  Support  of  Public  Schools,"  and  all  real  estate 
that  may  be  hereafter  acquired  by  them  under  foreclosure 
proceedings  shall  be  sold,  either  at  private  or  public  sale, 
at  such  times  and  at  such  prices  as  will,  in  the  judgment 
of  said  board,  be  for  the  best  interests  of  the  state.  Said 
board  may  advertise  such  properties,  either  at  private  or 
public  sale,  in  such  manner  as  to  it  shall  seem  judicious,, 
and  the  proceeds  of  such  sale  shall  be  paid  into  the  school 
fund,  and  shall  be  invested  by  said  board  as  other  moneys 
of  said  fund  shall  be  invested.  Said  board  may  loan  to 
the  purchaser  of  any  said  real  estate,  one-half  of  the 
amount  of  purchase-money,  the  same  to  be  secured  by 
bond  and  mortgage  on  the  premises  so  purchased,  (a) 

215.  (T-75-)  The  State  Treasurer  shall  make  annually 
to  said  board  on  the  first  day  of  the  annual  meeting  of  the 
Legislature,  and  at  such  other  times  as  said  board  shall 
require,  a  statement  of  the  school  fund,  containing  an 
account  of  the  securities  belonging  thereto  with  the  dates 
of  investment,  their  values,  and  the  interest  arising  from 
each  class  of  securities,  together  with  an  account  of  the 
moneys  in  the  treasury  belonging  to  said  fund. 

216.  (176-)  There  shall  be  annually  apportioned  and 
paid  from  the  income  of  the  school  fund  for  the  support 
of  public  schools  two  hundred  thousand  dollars.  If  the 
income  of  said  fund  shall  not  have  been  received  in  full, 
or  shall  be  insufficient  for  such  appropriation,  the  sum 
necessary  to  make  up  the  deficiency  shall  be  drawn 'from 
the  State  Treasury  on  the  warrant  of  the  State  Comp- 
troller, which  sum  so  drawn  as  aforesaid  shall  be  replaced 
from  the  income  of  said  school  fund  as  soon  as  the  same 
shall  have  been  received. 

217.  (1.)  It  shall  be  lawful  for  the  Trustees  for  the 
Support  of  Public  Schools  to  arrange  with  any  munici- 
pality in  this  State  to  change  any  bonds  heretofore  pur- 
chased, or  now  held  or  hereafter  purchased  by  said  trus- 


(a)  A  bond  and  mortgage  given  to  the  trustees  for  the  support  of 
public  schools  cannot  be  deducted  from  the  valuation  of  real  and  per- 
sonal estate  for  which  an  individual  shall  be  assessed  for  taxes. 
Montgomery  v.   Trenton,  11    Vr.  89. 


SCHOOL  LAW. 


103 


tees,  from  coupon  to  registered  bonds,  and  it  shall  be 
lawful  for  any  municipality  issuing  such  bonds  so  held 
by  said  trustees  to  detach  from  such  bonds  the  coupons 
thereon  and  cancel  the  same,  and  stamp  upon  such  bonds 
the  registration  thereof,  and  the  necessary  agreement  for 
the  payment  of  the  interest  thereon  to  effectuate  the  pro- 
visions of  this  act. 

Within  sixty  days  after  the  passage  of  this  act  every 
coupon  bond  in  the  possession  of  said  trustees,  and  every 
coupon  bond  thereafter  acquired  immediately  upon  the 
receipt  thereof,  shall  have  stamped  upon  the  bond  and 
upon  each  coupon  the  following:  "This  is  the  property 
of  the  trustees  for  the  Support  of  Public  Schools." 


Stamp  coupon* 
on    bonds 
now    owned 
by    stute. 


Article  XVII. 


State 
tax. 


school 


STATE    SCHOOL    TAX. 

218.  (t-77-)   F°r  the  purpose  of  maintaining  free  pub-    ^pr0j£***l0D 
lie  schools  there  shall  be  appropriated  each  year  from  any    fund- 
moneys  in  the  State  Treasury  not  otherwise  appropriated    special 

J  J  *•  * .      *  session. 

such  sum,  not  less  than  one  hundred  thousand  dollars,  as 
may  be  determined  by  the  Legislature  in  the  annual  ap- 
propriation act;  which  sum  shall  be  apportioned  among 
and  paid  to  the  several  counties  in  the  proportion  that  the 
ratables  of  each  of  said  counties  shall  bear  to  the  total 
ratables  of  the  state  as  exhibited  by  the  latest  abstract  of 
ratables  filed  in  the  office  of  the  State  Comptroller.  In 
addition  to  the  amount  so  determined  and  appropriated, 
a  state  school  tax  shall  be  annually  assessed,  levied,  and 
collected  upon  the  taxable  real  and  personal  property  in 
the  state,  as  exhibited  by  the  latest  abstract  of  ratables  from 
the  several  counties  made  out  by  the  several  boards  of 
assessors  and  filed  in  the  office  of  the  State  Comptroller. 
Said  tax  shall  be  such  an  amount  as  will  make,  when 
added  to  the  amount  determined  and  appropriated  as  afore- 
said, a  sum  equal  to  two  and  three-fourths  mills  on  each 
dollar  of  valuation  of  the  taxable  real  and  personal  prop- 
erty in  the  state  as  exhibited  by  the  last  abstract  of  rat- 
ables from  the  several  counties  made  out  by  the  several 
boards  of  assessors  and  filed  in  the  office  of  the  State 


Rate  of  tax. 


f04 


SCHOOL  LAW. 


Apportion- 
ment   by   state 
comptroller. 


Statement 
furnished. 


Payments 
by    county 
collector 
to    state 
treasurer. 
Ibid. 

Penalty    for 
failure    to 
pay   tax. 


Comptroller,  which  tax  shall  be  assessed,  levied,  and  col- 
lected at  the  same  time  and  in  the  same  manner  as  other 
taxes  shall  be  assessed,  levied  and  collected.  The  State 
Comptroller  shall  apportion  said  tax  and  appropriation 
among  the  several  counties  in  proportion  to  the  amount 
of  taxable  real  and  personal  estate  of  said  counties,  respec- 
tively, as  shown  by  the  abstract  of  ratables  as  aforesaid, 
and  he  shall  transmit  on  or  before  the  first  day  of  Feb- 
ruary in  each  year,  to  the  State  Board  of  Education,  a 
statement  of  the  amount  of  said  tax  and  appropriation, 
apportioned  as  aforesaid,  and  to  the  County  Collector  a 
statement  of  the  amount  of  said  tax  apportioned  to  and 
payable  by  said  county,  and  said  County  Collector  shall 
lay  said  statement  before  the  board  of  assessors  of  the 
townships,  cities,  incorporated  towns,  boroughs  and  wards 
within  his  county  at  its  next  annual  meeting,  and  said 
board  of  assessors  shall  thereupon  apportion  said  school 
tax  as  other  taxes  are  apportioned,  and  the  same  shall 
be  assessed,  levied  and  collected  according  to  law.  (a) 

219.  (178.)  Every  County  Collector  shall  pay  to  the 
State  Treasurer  the  quota  of  the  State  school  tax  from 
his  county  on  or  before  the  twentieth  day  of  January 
next  after  the  assessment  thereof.  In  case  any  collector 
or  other  officer  having  the  custody  of  collected  taxes 
shall  fail  or  neglect  to  pay  to  the  County  Collector  the 
full  amount  of  State  school  tax  due  from  his  taxing  dis- 
trict on  or  before  the  twenty-second  day  of  December, 
said  County  Collector  shall  give  to  the  County  Superin- 
tendent of  Schools  written  notice  of  such  failure  or  neg- 
lect, and  said  County  Superintendent  of  Schools  shall 
withhold  from  every  school  district  in  said  taxing  dis- 
trict, the  full  amount  apportioned  to  it  out  of  the  reserve 
fund  for  the  support  of  the  school  or  schools  situate 
within  said  taxing  district,  and  said  County  Superintend- 
ent  of    Schools    in   making   the   next   apportionment    of 


(a)  1.  School  taxes  are  to  be  levied  and  appled  for  the  school  year 
succeeding  the  assessment.     Elisabeth  v.   Sheridan,   13    Vr.   64. 

2.  The  board  of  assessors  in  apportioning  the  State  and  school 
taxes  among  the  several  townships  in  a  county  must  distribute  them 
according  to  the  value  of  the  property,  after  deducting  debts,  as  shown 
by  the  duplicates  of  the  assessors  of  the  several  townships  of  the  then 
present  year  and  not  of  the  preceding  year.     Skirm  v.  Cox,  9  Vr.  302. 


SCHOOL  LAW. 


10  = 


apportion- 
ment   from 
Btata     tax. 


school  moneys  shall  reapportion  the  amount  of  the  re- 
serve fund  so  withheld  among  the  several  school  districts 
in  his  county.  Said  County  Superintendent  of  Schools  Retention  of 
shall  also  withhold  from  the  custodian  of  the  school 
moneys  of  any  school  district  the  order  for  the  amount 
of  money  apportioned  out  of  the  State  school  tax  to  said 
district,  until  the  collector  or  other  officer  authorized  to 
collect  taxes  in  the  taxing  district  in  which  said  school 
district  shall  be  situate  shall  have  paid  to  the  County 
Collector  the  full  amount  of  the  State  school  tax  due 
from  said  taxing  district,  and  the  body  having  the  con- 
trol of  the  finances  of  any  township,  city,  incorporated 
town,  borough  or  other  municipality  in  which  shall  be 
situate  a  school  district  from  which  shall  have  been 
withheld  as  hereinbefore  provided,  the  amount  appor- 
tioned out  of  the  reserve  fund  for  the  support  of  schools, 
shall  forthwith  appropriate  to  said  school  district,  out  of 
any  funds  under  its  control,  a  sum  equal  to  the  amount 
so  withheld,  and  in  case  there  shall  be  no  funds  available 
for  such  purpose,  the  body  having  control  of  the  finances 
of  such  municipality  shall  borrow  and  appropriate  a  sum 
sufficient  for  such  purpose,  and  shall  place  the  amount  so 
borrowed  in  the  next  annual  tax  levy,  (a) 

220.  (i/9-)  Ten  per  centum  of  the  full  amount  of  the 
State  school  tax  annually  raised  shall  be  known  as  a 
reserve  fund,  and  shall,  on  or  before  the  fifteenth  day 
of  February  in  each  year,  be  apportioned  among  the 
several  counties  by  the  State  Board  of  Education  equit- 
ably and  justly  according  to  its  discretion.  The  Com- 
missioner of  Education  shall,  on  or  before  the  fifteenth 
day  of  January  next  ensuing  said  apportionment,  draw 
an  order  on  the  State  Comptroller  in  favor  of  each 
County  Collector  for  ninety  per  centum  of  the  amount 
of  the  State  school  tax  paid  by  said  County  Collector 
to  the  State  Treasurer,  and  said  County  Collector  shall 


Apportlon- 
reserve    fund, 
ment   of 
Ibid. 


(a)  i.  A  mandamus  will  be  allowed  to  compel  townships  to  pay 
state  and  county  taxes  out  of  the  first  moneys  collected.  Veghte  v. 
Bernards,  13    Vr.   338. 

2.  A  peremptory  mandamus  will  issue  for  the  payment  of  State  and 
county  taxes  by  a  city  where  it  has  collected  sufficient  monevs  for  city, 
county  and  State  purposes  to  pay  such  taxes.  Shields  v.  Paterson,  26 
Vr.   4Q 5. 


io6 


SCHOOL  LAW. 


Comptroller's 
warrant    to 
county 
collector. 
Ibid. 


County 
collector    to 
hold    money 
in   trust, 
fbid. 


apply  for  and  be  entitled  to  receive  the  amount  of  said 
order  as  soon  as  said  order  shall  be  received  by  him. 
The  Commissioner  of  Education  shall  also  draw  his  order 
in  favor  of  each  County  Collector  for  such  portion  of 
the  reserve  fund  as  shall  have  been  apportioned  to  his 
county  as  aforesaid,  which  order  shall  be  payable  when 
the  total  amount  of  said  reserve  fund  shall  have  been 
received  by  the  State  Treasurer,  (a) 

221.  (180.)  The  State  Comptroller  shall  draw  his  war- 
rant on  the  State  Treasurer  in  favor  of  the  County  Col- 
lector of  each  county  for  the  portion  of  the  income  of 
the  State  School  Fund,  of  the  State  appropriation  and 
State  school  tax  to  which  said  county  shall  be  entitled, 
whenever  such  County  Collector  shall  present  orders  for 
the  same  drawn  by  the  Commissioner  of  Education. 

222.  (181.)  The  County  Collector  of  each  county  shall 
receive  and  hold  in  trust  that  part  of  the  State  appro- 
priation and  State  school  tax  apportioned  to  his  county, 
and  shall  pay  the  same  to  the  custodians  of  the  school 
moneys  of  the  several  school  districts  of  his  county  on 
the  orders  of  the  County  Superintendent  of  Schools,  (b) 


(a)  See  section  315. 

(b)  1.  A  county  collector  is  not  required  or  permitted  to  exercise 
any  discretion  as  to  how  much  of  the  State  appropriation  the  several 
township  collectors  ;n  the  county  are  entitled  to  receive  from  him. 
The  question  as  between  these  officers  is  settled  conclusively  by  the 
order  of  the  county  superintendent  of  public  schools.  The  notion  that 
a  county  collector  can,  in  any  case,  lawfully  reduce  the  amount  by 
setting  up  some  counter-claim,  whether  in  his  own  behalf  or  in  behalf 
of  his  county,  and  whether  against  the  township  collector,  personally, 
or  against  h:s  township,  is  neither  justified  by  the  language  nor  con- 
sistent with  the  policy  of  our  School  laws.  Herder  v.  Collector,  etc., 
7  Vr.  363. 

2.  The  county  collector  of  each  county  shall  receive  and  hold  in 
trust  the  State  appropriation  for  public  schools  belonging  to  his  county, 
and  pay  the  same  to  the  collectors  of  the  several  townships  and  to 
the  city  treasurers  only  on  the  orders  of  the  county  superintendents, 
and  is  responsible  for  these  moneys  if  otherwise  expended.  Elizabeth 
v.  Sheridan,    13    Vr.  64. 

3.  A  mandamus  lies  against  a  county  collector  who  refuses  to  pay 
over  school  moneys.     Herder  v.  Hunterdon,  7   Vr.  363. 

4.  A  mandamus  will  be  allowed  for  the  payment  of  the  county  super- 
intendent's order  for  the  State  appropriation  for  public  schools  when 
the  moneys  have  been  applied  for  school  purposes  in  the  preceding 
year  beginning  January   1st.     Elisabeth  v.  Sheridan,  13   Vr.  64. 

5.  A  county  collector,  upon  mandamus,  will  be  ordered  to  pay  over 
to  the  treasurer  of  a  town  or  township  collector  the  amount  of  school 
moneys  apportioned  to  said  town  or  township,  for  which  the  collector 
holds  the  order  of  the  county  superintendent,  although  the  town 
treasurer  or  township  collector  may  owe  to  the  counly  collector  moneys 
due  for  State  and  county  taxes.     Plainiield  v.  Sheridan,   r6  Vr.  276. 


SCHOOL  LAW. 


107 


223.  (182.)  The  board  of  education  of  each  school  dis-  f^"^",,?,*  to 
trict  shall,  on  or  before  the  fifteenth  day  of  March  in  county  ropei 
each  year,  certify  to  the  county  superintendent  of  schools  p^'l.^ioV 
for  the  county  in  which  such  school  district  shall  be  situate,  Chap-  141' 
and  on  the  blanks  furnished  for  that  purpose  by  the  Com- 
missioner of  Education,  the  number  of  teachers,  who 
shall  have  been  employed  in  the  schools  of  such  district 
for  the  full  time  the  schools  therein  shall  have  been 
kept  open  during  the  then  current  school  year,  and  the 
number  of  teachers  who  shall  have  been  employed  in 
said  schools  for  a  portion  of  said  year,  but  for  a  period 
of  not  less  than  four  months,  specifying  the  grade  in 
which  each  of  such  teachers  shall  have  been  employed. 
There  shall  also  be  certified  as  aforesaid  the  number  of 
pupils  who  shall  have  attended  a  public  school  in  a  dis- 
trict other  than  that  in  which  they  reside,  and  for  whom 
tuition  fees  shall  have  been  paid  by  the  board  of  educa- 
tion, specifying  the  grade  in  which  each  of  said  pupils 
shall  have  been  enrolled  during  said  year,  and  also  the 
number  of  such  pupils  for  whom  transportation  has  been 
provided,  and  the  cost  thereof. 

The  said  county  superintendent  of  schools  shall,  on  or 
before  the  first  day  of  April  in  each  year,  apportion  to  the 
several  school  districts  of  said  county  the  State  school 
moneys,  and  the  interest  of  the  surplus  revenue  in  the 
following  manner: 

I.  (a)  The  sum  of  six  hundred  dollars  to  each  dis- 
trict in  which  there  shall  have  been  employed  a  super- 
vising principal  or  city  superintendent  of  schools,  who 
shall  have  devoted  his  entire  time  to  the  supervision  of 
the  schools  in  such  district,  but  if  two  or  more  districts 
shall  have  united  in  employing  a  supervising  principal  as 
aforesaid,  the  six  hundred  dollars  apportioned  for  such 
principal  shall  be  apportioned  among  said  districts  in  the 
proportion  that  the  number  of  teachers  employed  in  each 
of  said  districts  shall  bear  to  the  total  number  of  teachers 
employed  in  all  of  the  districts  uniting  in  employing  said 
supervising  principal,  (a). 


Apportion- 
ment   of 
school 
moneys. 


Amount    for 
supervising 
principal    or 
city  superin- 
tendent. 


(a)   See  section  98. 


io8 


SCHOOL  LAW. 


Amount    for 
teacher  in 
special 
•classes. 


Amount    for 
assistant 
supervisor, 
superinten- 
dent  and 
teacher    in 
four-year 
high    school. 


Amount    per 
teacher  in 
three-year 
high   school. 


Amount    per 
teacher    in 
other    grades. 


Amount    for 

temporary 

teacher. 


Amount    per 
teacher   in 
evening 
schools. 


Amount    per 
pupil  attend- 
ing   high 
school    in 
other   dis- 
tricts. 


(b)  The  sum  of  five  hundred  dollars  for  each  teacher 
employed  in  a  special  class  for  the  instruction  of  blind  or 
deaf  children  or  for  children  who  are  three  years  or  more 
below  the  normal. 

(c)  The  sum  of  four  hundred  dollars  for  each  assist- 
ant superintendent  and  supervisor,  other  than  the  super- 
vising principal,  employed  in  the  district,  and  permanent 
teacher  employed  in  a  high  school  or  high  school  de- 
partment having  a  full  four  years'  course  of  study,  who 
shall  have  been  approved  by  the  State  Board  of  Educa- 
tion, (a) 

(d)  The  sum  of  three  hundred  dollars  for  each  per- 
manent teacher  employed  in  a  high  school  or  high  school 
department  having  a  full  three  years'  course  of  study, 
which  shall  have  been  approved  by  the  State  Board  of 
Education,  (a) 

(e)  The  sum  of  two  hundred  dollars  for  each  per- 
manent teacher  employed  in  an  ungraded  school,  or  in 
a  kindergarten,  primary  or  grammar  department  or  in 
a  high  school  department  having  a  course  of  study  of 
less  than  three  full  years,  which  course  of  study  shall 
have  been  approved  by  the  State  Board  of  Education. 

(f)  The  sum  of  eighty  dollars  for  each  temporary 
teacher  who  shall  have  been  employed  for  a  period  of 
not  less  than  four  months. 

(g)  The  sum  of  eighty  dollars  for  each  teacher  em- 
ployed in  an  evening  school  for  the  full  time  such  school 
shall  have  been  maintained;  provided,  the  board  of  edu- 
cation shall  certify  that  said  evening  school  has  been 
maintained  at  least  four  months  during  the  school  year 
preceding  that  for  which  the  apportionment  shall  be  made ; 
provided,  further,  if  any  such  teacher  shall  have  been  also 
employed  in  the  day  schools  of  the  same  district,  the  ap- 
portionment aforesaid  shall  be  made  for  such  teacher  in 
addition  to  any  amount  apportioned  for  him  as  teacher  in 
such  day  schools. 

(h)  The  sum  of  twenty-five  dollars  for  each  pupil 
who  shall  have  attended  a  high  school  or  high  school  de- 


(a)   See  section  3,  div.  IX. 


SCHOOL  LAW. 


109 


partment  in  a  district  other  than  that  in  which  he  resides, 
and  for  whom  a  tuition  fee  shall  be  paid  by  the  board 
of  education. 

(i)  The  sum  of  five  dollars  for  each  pupil  who  shall 
have  attended  an  ungraded  school  or  a  kindergarten, 
primary  or  grammar  school  department,  in  a  district  other 
than  that  in  which  he  resides,  and  for  whom  a  tuition 
fee  shall  have  been  paid  by  the  board  of  education. 

(k)  Seventy-five  per  centum  of  the  cost  of  transporta- 
tion of  pupils  to  a  public  school  or  schools ;  provided, 
that,  subject  to  appeal  as  provided  in  section  ten  of  the 
act  to  which  this  act  is  an  amendment,  the  necessity  for 
the  transportation  and  the  cost  and  method  thereof  shall 
have  been  approved  by  the  county  superintendent  of 
schools  of  the  county  in  which  the  district  paying  the  cost 
of  such  transportation  is  situate. 

In  making  such  apportionment  teachers  employed  in 
a  manual  training  school  or  department  in  a  district  re- 
ceiving an  appropriation  from  the  State  for  such  manual 
training  school  or  department  and  who  shall  have  devoted 
at  least  one-half  of  the  time  the  schools  in  said  district 
shall  have  been  kept  open  to  school  work  other  than 
manual  training,  shall  be  regarded  as  temporary  teachers 
only,  but  no  apportionment  shall  be  made  for  teachers 
who  shall  have  devoted  their  entire  time  to  teaching  in 
such  manual  training  school  or  department. 

II.  He  shall  apportion  to  the  several  school  districts  of 
the  county  the  remainder  of  said  moneys  on  the  basis  of 
the  total  days'  attendance  of  all  pupils  enrolled  in  the 
public  schools  thereof  as  ascertained  from  the  last  pub- 
lished report  of  the  Commissioner  of  Education.  For  the 
purpose  of  such  apportionment  an  attendance  upon  an 
evening  school  shall  be  counted  as  one-half  day's  attend- 
ance. If  a  school  in  any  district  shall,  on  account  of  con- 
tagious disease,  destruction  of  the  schoolhouse  by  fire  or 
otherwise,  or  for  other  good  reason,  be  closed,  for  the 
purpose  of  this  apportionment,  such  school  shall  be 
deemed  to  have  been  in  session,  and  the  total  days'  at- 
tendance upon  such  school  for  the  time  it  shall  have  been 
closed  as  aforesaid  shall  be  determined  by  dividing  the 


Amount  per 
pupil  attend- 
ing schools  in 
other    district*) 
below    high 
school  grade. 


75   per   cent, 
of    cost    of 
transporta- 
tion. 
Proviso. 


Teachers    in 
manual  train- 
ing    schools 
not  Included. 


Apportion- 
ment   on 
attendance. 


no 


SCHOOL  LAW. 


Balance  paid 

county 

collector. 

P.     L.    190.".. 

Special 

session. 


Reappor- 
tionment. 


Pn  •  Iso 


actual  total  days'  attendance  of  the  pupils  enrolled  in 
such  school  by  the  number  of  days  such  school  shall  have 
been  actually  in  session,  and  multiplying  the  quotient  thus 
obtained  by  the  number  of  school  days  such  school  shall 
have  been  closed. 

224.  (183.)  On  or  before  the  fifteenth  day  of  Septem- 
ber in  each  year  the  custodian  of  the  school  moneys  of 
each  school  district  shall  pay  to  the  County  Collector  the 
balance  of  moneys  apportioned  to  said  district  by  the 
County  Superintendent  of  Schools,  which  may  then  be 
in  his  hands  to  the  credit  of  said  district,  and  shall  report 
forthwith  to  the  County  Superintendent  of  Schools  the 
amount  thus  paid  over,  and  the  County  Collector  shall, 
on  or  before  the  first  day  of  October  in  each  year,  report 
to  the  County  Superintendent  of  Schools  of  his  county 
the  amount  of  money  received  by  him  by  virtue  of  the 
provisions  of  this  section,  and  said  County  Superintendent 
of  Schools  shall  thereupon  reapportion  such  amount  among 
all  the  school  districts  in  said  county.  The  sum  thus  re- 
apportioned shall  be  paid  immediately  by  the  County  Col- 
lector to  the  several  custodians  of  the  school  moneys  of 
said  districts  on  the  orders  of  the  County  Superintendent 
of  Schools,  and  shall  be  available  for  the  then  current 
school  year.  The  sum  thus  reapportioned  to  any  district 
shall  be  in  addition  to  the  sum  apportioned  to  such  dis- 
trict by  the  County  Superintendent  of  Schools  for  said 
school  year;  provided,  that  the  County  Superintendent  of 
Schools  may,  for  good  cause  shown,  allow  any  such  bal- 
ance to  remain  in  the  hands  of  the  custodian  of  the  school 
moneys  of  such  district  to  the  credit  of  such  district,  and 
such  balance  may  thereafter  be  used  and  expended  by 
the  Board  of  Education  of  such  school  district  for  the 
purpose  of  paying  teachers'  salaries  and  fuel  bills,  or,  by 
and  with  the  written  consent  of  the  'County  Superintend- 
ent of  Schools,  for  the  improvement  of  schoolhouses  and 
grounds,  the  purchase  of  school  furniture,  or  for  any 
other  purpose  connected  with  the  schools  of  such  dis- 
trict, (a) 


(a)  For  railroad  tax  see  sections  315  to  321. 


SCHOOL  LAW. 


1 1 1 


Article  XVIII. 


CUSTODIAN   OF   SCHOOL    MONEYS. 

225.  (184.)  In  each  school  district  there  shall  be  a 
custodian  of  school  moneys,  who  shall  receive  and  hold  in 
trust  all  school  moneys  belonging  to  such  school  district, 
whether  received  from  the  State  appiopriation.  State 
school  tax,  district  tax,  appropriation,  or  from  other 
sources,  and  shall  pay  out  the  same  only  on  orders  signed 
by  the  president  and  district  clerk  or  secretary  of  the 
Board  of  Education.  Each  order  shall  specify  the  object 
for  which  it  shall  be  given,  and  shall  be  made  payable  to 
the  order  of  and  shall  be  indorsed  by  the  person  entitled 
to  receive  the  amount  named  therein ;  provided,  that  in 
the  payment  of  teachers'  salaries  a  pay-roll,  certified  by 
the  president  and  district  clerk  or  secretary  of  the  Board 
of  Education,  stating  the  names  of  the  teachers  and  the 
amount  to  be  paid  to  each,  may  be  delivered  to  the  cus- 
todian of  school  moneys,  accompanied  by  one  order  or 
warrant,  drawn  to  his  order,  for  the  full  amount  of  said 
pay-roll,  in  which  case  said  custodian  shall  deliver  to 
said  district  clerk  or  secretary  individual  checks  payable 
to  the  order  of  said  teachers.  Said  custodian  shall  pay 
over  the  balance  of  school  funds  remaining  in  his  hands 
to  his  successor  in  office.  He  shall  keep  in  the  books 
provided  for  that  purpose  a  record  of  the  sums  received 
and  paid  out  by  him.  At  the  close  of  the  school  year  he 
shall  transmit  to  the  Board  of  Education  of  the  district 
a  report  showing  the  amounts  received  and  disbursed 
by  him  for  school  purposes  during  said  year,  and  shall 
file  a  duplicate  of  such  report  with  the  County  Superin- 
tendent of  Schools,  (a) 

226.  (i-)  Nothing  in  the  act  to  which  this  is  a  supple- 
ment shall  make  it  necessary  for  the  checks  in  payment 
of  teachers'  salaries  to  be  signed  by  the  custodian  of 
school  moneys  of  any  city,  but  any  checks  signed  by  the 
Deputy  Treasurer  of  such  city,  provided  such  Deputy 
Treasurer  is  bonded  for  the  faithful  performance  of  his 


Custodian    <>t 
school 
moneys. 
P.   L.    1903, 

Special 
Session. 


Orders. 


Proviso. 


Annual 
report. 


Who    may 

sijrn     teachers' 

checks. 

P.    L.    1914, 

Chap.    205. 


(a)   See  foot-notes  to  section  102. 


112 


SCHOOL  LAW. 


Custodian    of 

school 

moneys. 

P.    L.    1912, 

Chap.    2S5. 


Bonds    of 
custodian. 


Appointment 
of    custodian 
by    hoard    of 
education  in 
certain    cases. 


duties,  shall  be  as  valid  and  effectual  as  if  signed  by  such 
custodian  of  school  moneys  himself. 

227.  (185.)  The  person  designated  by  law  as  the  cus- 
todian  of   the   moneys   belonging   to   the   municipality   in 
which  the  school  district  shall  be  situate,  or  the  collector, 
when  designated  by  such  board  of  education,  shall  be  the 
custodian  of  the  school  moneys  of  such  district,  and  shall 
receive  such  compensation  as  the  board  of  education  of 
such    municipality    shall    determine,    which    compensation 
shall  be  paid  by  said  board  of  education  from  the  funds 
of  said  board  and  the  bonds  given  by  said  collector  or 
other   person    for   the    faithful   performance   of   his   duty 
as   such   officer,   shall  be   held   to   cover   and   secure   the 
faithful  performance  of  his  duty  as  custodian  of  school 
moneys,  and  the  bondsmen  thereon  shall  be  liable  there- 
for; in  case  the  term  of  office  of  any  such  collector  or 
other  person  shall  expire  before  the  close  of  the  school 
year,  he  shall  remain  and  continue  to  be  the  custodian 
of  school  moneys  until  the  close  of  the  then  current  school 
year,  and  his  bondsmen  shall  remain  and  be  legally  bound 
for  the  faithful  performance  of  his  duties  as  such  cus- 
todian until  the  final  settlement  of  his  accounts ;  nothing 
in  this  article  shall  be  construed  as  giving  to  the  town- 
ship committee,  common  council  or  other  governing  body 
of  any  municipality  any  control  over  moneys  belonging 
to  the  school   district  in  the  hands  of  the  custodian  of 
the  school  moneys  of  said  district,  but  said  moneys  shall 
be  held  by  such  custodian  in  trust,  and  shall  be  paid  out 
by  him  only  on  orders  legally  issued  and  signed  by  the 
president  and  district  clerk  or  secretary  of  the  board  of 
education ;  any  ordinance,  by-law  or  resolution  of  a  town- 
ship committee,  common  council  or  other  governing  body 
of  any  municipality  attempting  to  control   such  moneys, 
or  which  shall  in  any  way  prevent  the  custodian  of  the 
school  moneys  of  the  school  district  from  paying  the  or- 
ders of  the  board  of  education  as  and  when  they  shall  be 
presented    for   payment   shall   be   absolutely   void   and   of 
no  effect ;  whenever  any  school  district  shall  contain  more 
than  one  municipality  the  board  of  education  may  appoint 
a  suitable  person  as  custodian  of  school  moneys  of  said 


SCHOOL  LAW. 


H3 


district,  and  may  fix  his  salary  and  term  of  office.  Such 
custodian  shall,  when  requested  to  do  so  at  any  time  by 
the  board,  render  to  said  board  a  true  and  full  account 
of  all  moneys  in  his  possession,  as  such  custodian  up  to 
such  time,  and  of  all  payments  made  by  him  out  of  said 
moneys  and  for  what  purpose,  and  shall  also,  when  re- 
quired by  resolution  of  said  board,  deposit  in  any  bank  or 
banking  institution  designated  by  said  board,  all  moneys 
then  in  his  hands  or  thereafter  collected  or  received  by 
him  as  such  custodian;  he  shall  give  bonds  for  the  faith- 
ful discharge  of  his  duties  in  such  amount  and  with  such 
sureties  as  said  board  shall  direct,  but  such  bonds  shall 
be  for  a  sum  not  less  than  the  amount  apportioned  to  said 
district  by  the  county  superintendent  of  schools;  until  the 
appointment  of  a  custodian  of  school  moneys  by  the  board 
of  education,  the  collector  or  other  person  residing  in  the 
municipality  situate  in  such  school  district  having  the 
largest  amount  of  taxable  property  shall  be  custodian  of 
the  school  moneys  of  such  district,  (a) 

228.  (186.)  The  collector  or  treasurer  of  each  munici- 
pality in  which  a  school  district  shall  be  situate,  shall  pay 
to  the  custodian  of  the  school  moneys  of  such  school  dis- 
trict the  amount  ordered  to  be  assessed,  levied  and  col- 
lected in  such  municipality  for  the  use  of  the  public  schools 
therein  exclusive  of  the  State  school  tax,  on  the  requisition 
or  requisitions  of  the  Board  of  Education,  (b) 

229.  (187.)  Whenever  there  shall  have  been  estab- 
lished a  sinking  fund  for  the  payment  of  school  bonds 
and  there  is  no  officer  or  body  designated  by  law  as  the 
custodian  of  the  funds  belonging  to  such  sinking  fund, 
the  custodian  of  the  moneys  of  the  corporation  which 
shall  have  issued  such  bends  shall  be  the  custodian  of  the 
securities  and  moneys  belonging  to  such  fund,  and  the 
bondsmen  on  his  bond  as  such  custodian  shall  be  liable 
for  the  safekeeping  of  said  fund. 


Report    of 
custodian    to 
board    of 
education. 


(a)  Money  raised  and  placed  in  the  hands  of  an  officer  for  a  specific 
purpose  cannot  be  lawfully  applied  to  any  other  purpose.  Hoboken  v. 
Ivison,   etc.,  5   Butcher   65. 

(b)  A  township  collector  is  not  required  to  pay  over  to  the  town- 
ship committee  taxes  which  he  is  directed  by  the  legislature  to  pay 
over  to  other  persons  or  to  reta:n  in  his  own  keeping  as  their  official 
custodian.     Hardyston  v.  Harden,  39   Vr.  76. 


Payment    of 
moneys    to 
custodian. 
P.  L.   1903, 
Special 


Sinking  fund. 
Ibid. 


H4 


SCHOOL  LAW. 


When   school 
order*    draw 
interest. 
Ibid. 


Penalty    for 

custodian    of 

school 

moneyB   not 

making 

report. 

P.     Ij.      lOW. 

p.    329. 


230.  (188).  Whenever  any  order  for  payment  of  the 
current  expenses  of  a  public  school  shall  be  drawn  and 
issued  by  any  Board  of  Education  on  the  custodian  of 
the  school  moneys  of  such  district,  and  there  shall  be 
no  funds  in  the  hands  of  such  custodian  to  pay  the  same, 
such  order  shall  bear  legal  interest  until  such  time  as  said 
custodian  shall  have  funds  to  pay  the  same,  of  which 
fact  he  shall  give  public  notice,  whereupon  said  interest 
shall  cease. 

231.  (189.)  If  any  custodian  of  the  school  moneys  of 
any  school  district  shall  fail  to  make  and  transmit  his 
report  to  the  Board  of  Education  of  the  district,  or  shall 
fail  to  make  and  transmit  his  report  to  the  County  Su- 
perintendent of  Schools  on  or  before  the  first  day  of 
August  in  any  year,  he  shall  forfeit  to  said  school  district 
the  sum  of  ten  dollars  for  each  day  thereafter  until  he 
shall  have  made  and  transmitted  his  report  to  the  Board 
of  Education  of  the  district  and  to  the  County  Superin- 
tendent of  Schools.  Said  sum  shall  be  sued  for  and  col- 
lected by  the  district  clerk  or  secretary  of  the  Board  of 
Education  of  said  district  in  any  court  of  competent 
uirisdiction. 


Article  XIX. 


Title   of 

normal 

schools. 

P.    L.    1003 

Special 

session. 


Kree   tuition. 

Supervision. 
Ibid. 


STATE    NORMAL    SCHOOL. 

• 

232.  (190-)  State  normal  schools  shall  be  maintained 
for  the  purpose  of  training  and  educating  persons  in  the 
science  of  education  and  art  of  teaching.  The  name  and 
title  of  each  such  school  shall  be  designated  by  the  State 
Board  of  Education.    Tuition  in  said  schools  shall  be  free. 

233.  (191-)  The  State  Board  of  Education  shall  have 
the  control  and  care  of  the  buildings  and  grounds  owned 
rmd  used  by  the  State  for  normal  schools  and  of  the 
funds  for  the  support  thereof;  shall  appoint  and  remove 
principals,  teachers  and  other  employes,  and  shall  fix  their 
salaries;  shall  purchase  and  furnish  text-books,  apparatus 
and  supplies  for  the  use  of  the  pupils;  shall  prescribe 
courses  of  study  for  such  schools;  shall  make  rules  for 
their  management  and  shall  grant  diplomas. 


SCHOOL  LAW.  115 

234.  (192.)   The  State  Board  of  Education  shall  ap-    HE*™*'- 
point  a  suitable  person  as  treasurer  of  each  of  said  schools 

and  shall  fix  his  salary.  All  bills  and  charges  for  the 
maintenance  of  said  schools,  except  as  hereinafter  pro- 
vided, shall  be  paid  by  the  treasurer  thereof  upon  the  cer- 
tificate of  said  board. 

235.  (r93-)    Said  board  shall  order  necessary  repairs    Repairs  ana 

...  ...  .  Insurance. 

to  the  grounds,  buildings  and   furniture  of  said  normal    ibid, 
schools,  and  shall  keep  said  buildings  and  furniture  in- 
sured.    The  State  Comptroller  shall,  upon  the  certificate 
of  said  board,  draw  warrants  upon  the  State  Treasurer 
for  the  payment  of  the  cost  thereof. 

236.  (i94-)   Each  county  shall  be  entitled  to  at  least    Pupils; 
six  times  as  many  pupils  in  such  schools  as  it  shall  have    declaration. 

.  .         T        .    ,  T  Ibid. 

representatives  in  the  Legislature.  In  case  any  county 
shall  not  have  the  full  number  of  pupils  to  which  it  shall 
be  entitled,  pupils  may  be  admitted  from  other  counties. 
Pupils  when  admitted  shall  sign  a  declaration  that  they 
intend  to  teach  in  the  public  schools  of  this  State  for  at 
least  two  years  immediately  after  being  graduated,  unless 
excused  temporarily  by  the  State  Board  of  Education,  and 
that  if  they  do  not  so  teach  they  will  refund  to  the  State 
the  cost  of  their  education. 

237.  (ioO  The  State  Board  of  Education  may  main-    Model 

t_«jr  1  .     v     j j   j  ...  schools.' 

tain  model  schools  under  regular  teachers,  in  which  pupils    ibid, 
of  the  normal  schools  shall  have  the  opportunity  to  ob- 
serve and  practice  approved  methods  of  instruction  and 
discipline. 

238.  (1.)  The  moneys  collected  by  the  State  Board  of    Moneys  «o m 
Education   for  tuition   fees   from  the  model   school   and   £°*nala*cnooia 
for  board  at  the  boarding  halls  connected  with  the  State    £ew  l*9f™at- 
normal    and    model    schools,    and    paid    into    the    State    chap.  58. 
treasury   pursuant   to   the   provisions   of   an   act   entitled 

"An  act  regulating  the  receipt  and  disbursement  of  State 
moneys  in  certain  cases,"  approved  October  thirty-first, 
one  thousand  nine  hundred  and  seven,  and  the  supple- 
ments thereto  and  amendments  thereof,  shall  be  held  in 
trust  by  the  State  Treasurer,  no  part  thereof  to  lapse  f0a,^e  aot 
into  the  general  fund  of  the  State  at  the  close  of  the 
State   fiscal   year,   and   shaft  be   paid   out   by  the    State 


u6 


SCHOOL  LAW. 


Purchases   by 
contract    o- 
in   open 
market. 
Ibid. 


Normal    School 
In   county   of 
the  first  class. 
P.   L.   1913, 
Chap.    118. 


State  Board 
of  Education 
to  control. 

Ibid. 


Treasurer  upon  the  warrant  of  the  Comptroller  for  the 
maintenance  of  ^  the  normal  school  boarding  halls  and 
the  model  school  upon  bills  duly  certified  and  audited  by 
the  State  Board  of  Education. 

239.  (2.)  In  the  purchase  of  provisions  and  supplies 
for  the  boarding  halls  of  said  schools,  the  State  Board  of 
Education  is  authorized  to  purchase  by  contract  or  other- 
wise, without  first  advertising  for  bids  for  the  same,  as 
it  shall  deem  for  the  best  interests  of  the  schools. 

240.  (1.)  Whenever  the  board  of  education  in  any 
school  district  located  in  one  of  the  counties  of  the  first 
class  shall  offer  to  the  State  Board  of  Education  the  use 
of  a  building  suitable  for  a  normal  school  for  the  purpose 
of  training  and  educating  persons  in  the  science  of  educa- 
tion and  art  of  teaching,  the  said  State  Board  of  Edu- 
cation, if  in  its  judgment  the  same  is  needed,  shall  es- 
tablish and  maintain  the  same  for  the  purposes  aforesaid; 
the  name  and  title  of  said  school  shall  be  "The  New 
Jersey  State  Normal  School  at  (here  insert  the  name  of 
the  place  where  said  school  shall  de  located)";  tuition  in 
said  school  shall  be  free. 

241.  The  State  Board  of  Education  shall  have  control 
and  care  of  said  school  in  the  same  manner  and  to  the 
same  extent  as  said  board  has  control  and  care  of  "The 
New  Jersey  State  Normal  Schools." 


Article  XX. 


Name. 

P.   L.   1903. 

Special' 

session. 


Free    tuition. 

Control, 
teachers,    etc. 
Ibid. 


NEW   JERSEY    SCHOOL  FOR  THE  DEAF. 

242.  (196.)  A  school  shall  be  maintained  for  the  pur- 
pose of  training  and  educating  deaf  children.  The  name 
and  title  of  said  school  shall  be  "The  New  Jersey  School 
for  the  Deaf."    Tuition  in  said  school  shall  be  free. 

243.  (197.)  The  State  Board  of  Education  shall  have 
the  control  and  care  of  the  buildings  and  grounds  owned 
and  used  by  the  State  for  a  school  for  the  deaf  and  the 
funds  for  the  support  thereof;  shall  appoint  and  remove 
a  superintendent,  teachers  and  other  employes  and  shall 
fix  their  salaries;  shall  purchase  furniture,  text-books, 
school  apparatus  and  other  supplies ;  shall  make  rules  and 


SCHOOL  LAW.  117 

regulations  for  the  government  and  management  of  said 
school  and  for  the  admission  of  pupils  thereto. 

244.  (To8.)    All   improvements,  additions  and   repairs    Maintenance 
to  the  buildings  of  said  school  and  the  furnishing  thereof 

shall  be  by  contract,  after  due  notice  given  and  specifica- 
tions furnished.     The  State  Board  of  Education  shall  in-    Advertise- 
ments   fur 
vite    proposals   twice    in   each   year,    at   intervals    of    six    supplies. 

months,  for  supplying  said  school  with  dry  goods,  wear- 
ing apparel,  groceries,  provisions,  vegetables,  fuel,  illu- 
minating material  and  all  other  articles  the  necessity  of 
which  it  shall  be  practicable  to  determine  as  being  needed 
for  the  then  ensuing  six  months.  The  standard  quality 
of  such  articles  shall  be  determined  by  the  board,  and 
standard  samples  of  non-perishable  articles  shall  be  kept 
in  the  office  of  the  superintendent  for  the  inspection  of 
bidders.  The  inviting  of  proposals  shall  be  advertised 
for  ten  consecutive  days  in  two  daily  newspapers  pub- 
lished in  the  city  of  Trenton,  which  advertisement  shall 
classify  the  articles  which  shall  be  grouped  in  each  bid, 
and  shall  also  state,  as  nearly  as  practicable,  the  quantity 
needed,  and  that  said  goods  are  to  be  delivered  during 
the  next  ensuing  six  months  as  ordered  by  said  superin- 
tendent. Said  board  shall  award  the  contract  to  the  lowest  iwarii 
responsible  bidder  on  each  class  or  group  of  articles  ad- 
vertised for,  and  shall  require  contractors  to  enter  into 
suitable  bonds  for  the  faithful  performance  of  said  con- 
tracts. But  said  board  shall  have  the  right  to  reject  any 
and  all  bids  not  considered  by  it  to  be  in  the  interests  of 
said  school. 

245.  (i99-)  Deaf  persons  of  suitable  age  and  capacity    Qualifications 
for  instruction  who  shall  be  legal  residents  of  this  State    I1,kl- 

and  not  over  twenty-one  years  of  age,  shall  be  entitled  to 
the  privileges  of  the  school  for  such  a  period  of  time, 
not  exceeding  fourteen  years,  as  the  State  Board  of  Edu- 
cation shall  determine;  provided,  that  whenever  more  Proviso 
persons  apply  for  admission  at  one  time  than  can  be 
properly  accommodated  in  said  school,  said  board  shall 
so  apportion  the  number  received  that  each  county  shall 
be  represented  therein  in  the  ratio  of  its  deaf  popula- 
tion to  the  total  deaf  population  of  the  State.    Application    Application 

r     r  *  l  f'>r    admission 


u8 


SCHOOL  LAW. 


for  admission  into  said  school  shall  be  made  to  the  State 
Board  of  Education  by  a  parent,  guardian  or  friend  of 
the  proposed  pupil  in  such  manner  as  said  board  shall 
direct,  but  the  board  shall  require  such  application  to  be 
accompanied  by  a  certificate  from  the  judge  of  the  in- 
ferior court  of  common  pleas  or  the  county  clerk  of  the 
county,  the  chosen  freeholder  or  clerk  of  the  township, 
the  mayor  or  other  executive  officer  of  the  city,  borough 
or  other  municipality  in  which  the  applicant  shall  re- 
side, setting  forth  that  the  applicant  is  a  legal  resident  of 
the  township,  city,  borough  or  other  municipality  claimed 
as  his  or  her  residence,  and  the  age,  circumstances  and 
capacity  of  such  proposed  pupil,  and  the  ability  or  in- 
ability of  such  proposed  pupil  or  of  his  or  her  parent  or 
guardian  to  pay  any  part  of  the  expense  of  the  care  and 
maintenance  of  such  proposed  pupil.  Whenever  said 
may  be  made.  f30arci  snari  ^e  satisfied  that  the  resources  of  any  person 
applying  for  admission  to  such  school  or  being  a  pupil 
thereat,  or  those  of  his  or  her  parent  or  guardian  shall 
be  sufficient  to  defray  either  the  whole  or  a  part  of  the 
expense  of  maintaining  such  pupil,  said  board  may  re- 
quire such  parent  or  guardian  to  pay  either  the  whole  or 
such  portion  of  the  annual  expense  of  maintaining  such 
pupil  as  it  shall  deem  just  and  equitable. 

246.  (200.)  The  State  Board  of  Education  shall  ap- 
point some  suitable  person  treasurer  of  said  school  and 
shall  fix  his  salary.  All  bills  and  charges  for  the  main- 
tenance of  said  school  shall  be  paid  by  said  treasurer  upon 
the  certificate  of  said  board. 


When    charge 


Treasurer. 
Ibid. 


Article  XXI. 


Control  of 
Bordentown 
school. 
Ibid. 


MANUAL   TRAINING   AND   INDUSTRIAL   SCHOOL   FOR    COLORED 

YOUTH. 

247.  (201.)  The  "Manual  Training  and  Industrial 
School  for  Colored  Youth"  (now  located  at  Bordentown) 
shall  be  hereafter  conducted  and  managed  by  the  State 
Board  of  Education,  which  board  shall  have  the  full  man- 
agement and  control  thereof;  shall  have  the  care  and 
charge  of  the  buildings  and  property  thereof;  the  appli- 


SCHOOL  LAW. 


I    Ml 


cation  and  expending  of  the  funds  provided  or  appropri- 
ated for  the  support  thereof ;  the  appointment  and  re- 
moval of  a  principal,  teacher  and  other  employes;  the  fix- 
ing- and  paying  of  their  salaries ;  the  power  to  prescribe 
the  studies  and  exercises  of  said  school  and  rules  for  its 
management,  and  for  the  admission  of  pupils  thereto. 
Tuition  in  said  school  shall  be  free. 

248.  (202.)  Each  county  shall  be  entitled  to  as  many 
pupils  in  said  school  as  it  shall  have  representatives  in  the 
Legislature,  but  in  case  any  county  shall  not  have  in  said 
school  the  full  number  of  pupils  to  which  it  shall  be  en- 
titled, pupils  may  be  admitted  from  other  counties. 

249.  (203.)  In  lieu  of  all  claims,  rights  and  title  that  the 
"Manual  Training  and  Industrial  School  for  Colored 
Youth"  has  or  may  hereafter  have  upon  the  annual  ap- 
propriation coming  to  this  State  from  Congress  under 
the  provision  of  the  supplement  to  the  act  of  Congress 
of  August  thirteenth,  one  thousand  eight  hundred  and 
ninety,  a  sum  not  to  exceed  twelve  thousand  dollars  may 
be  annually  appropriated  for  the  maintenance  of  said 
school  out  of  any  money  in  the  State  treasury  not  other- 
wise appropriated. 

250.  (204.)  The  State  Board  of  Education  shall  ap- 
point some  suitable  person  treasurer  of  said  school  and 
shall  fix  his  salary. 


Tuition   free. 

Number    of 

pupils. 
Ibid. 


Annual  ap- 
propriation 
to  Borden- 
town   school. 
P.    L.    1007, 
p.     285. 


Treasurer. 
1'.  L.  1903. 
Special 
session. 


Article  XXII. 


MANUAL-  TRAINING. 

251.  (205.)  Whenever  in  any  school  district  there  shall 
have  been  raised  by  special  tax  or  by  subscription  or  both, 
a  sum  not  less  than  two  hundred  and  fifty  dollars  for  the 
establishment  in  such  district  of  a  school  or  schools  for 
industrial  education  or  manual  training,  or  for  the  pur- 
pose of  adding  industrial  education  or  manual  training  to 
the  course  of  study  then  pursued  in  the  school  or  schools  of 
such  district,  there  shall  be  paid  for  such  purpose  to  the 
custodian  of  the  school  moneys  of  said  district,  on  the 
order  of  the  Commissioner  of  Education,  an  amount  equal 
to  that  raised  therein  as  aforesaid,  which  amount  shall  be 


Appropriation. 
Ibid. 


120 


SCHOOL  LAW. 


Proviso. 


Proviso. 


Custodian 
of   funds. 


Additional 
managers. 
Ibid. 


Report. 
Ibid. 


paid  by  the  State  Treasurer  on  the  warrant  of  the  State 
Comptroller.  Whenever  such  school  or  schools  shall  have 
been  established  in  any  district,  or  said  industrial  educa- 
tion or  manual  training  shall  have  been  added  to  the 
course  of  study  in  the  school  or  schools  of  any  district, 
there  shall  be  paid  to  such  district  in  like  manner  for  the 
maintenance  and  support  thereof  a  sum  equal  to  that 
raised  each  year  in  the  district  for  such  purpose ;  provided, 
that  the  course  of  study  in  industrial  education  or  man- 
ual training  established  under  the  provisions  of  this  sec- 
tion shall  be  approved  by  the  State  Board  of  Education; 
and  provided  further,  that  the  moneys  appropriated  by 
the  State  as  aforesaid  to  any  school  district  shall  not  ex- 
ceed in  any  one  year  the  sum  of  five  thousand  dollars. 
The  custodian  of  the  school  moneys  of  the  school  district 
shall  be  the  legal  custodian  of  any  and  all  funds  sub- 
scribed, appropriated  or  raised  for  the  purpose  of  carry- 
ing out  the  course  of  study  contemplated  by  this  section, 
and  he  shall  keep  a  separate  and  distinct  account  thereof, 
and  shall  disburse  said  moneys  on  orders  signed  by  the 
president  and  district  clerk  or  secretary  of  the  Board  of 
Education. 

252.  (206.)  In  case  the  sum  necessary  as  aforesaid  to 
obtain  the  State  appropriation  or  any  part  thereof  shall 
have  been  raised  by  private  subscription,  the  Board  of 
Education  of  any  school  district  in  which  there  shall 
have  been  established  a  separate  school  for  industrial 
education  or  manual  training  under  the  provisions  of 
this  article,  may  select  from  among  the  donors  of  such 
sum  not  more  than  six  persons  to  assist  said  board  in  the 
management  of  said  school. 

253.  (207.)  The  Board  of  Education  of  any  school 
district  receiving  an  appropriation  from  the  State  for  the 
purpose  mentioned  in  this  article  shall  annually,  on  or 
before  the  first  day  of  August,  make  a  special  report  to 
the  Commissioner  of  Education  in  the  manner  and  form 
prescribed  by  him. 


SCHOOL  LAW.  121 

Article  XXIII. 

SCHOOL    LIBRARIES. 

254-.  (208.)  The  State  Comptroller  shall  draw  his  war-    District  school 

■  •    \  /  r  libraries. 

rant  on  the  State  Treasurer  upon  the  order  of  the  Public    p-  l-  i;>14. 

.  Chap.    ISC. 

Library  Commission  and  in  favor  of  the  custodian  of 
the  school  moneys  of  a  school  district  for  the  sum  of 
twenty  dollars  for  any  public  school  situate  in  such  dis-  Allowance. 
trict  for  which  there  shall  have  been  raised  by  special 
district  tax,  subscription  or  entertainment  a  like  sum  to 
establish  a  school  library,  or  to  procure  books  of  refer- 
ence, school  apparatus  or  educational  works  of  art ;  and 
the  further  sum  of  ten  dollars  annually  upon  a  like  order, 
upon  condition  that  there  shall  have  been  raised  by  spe- 
cial district  tax,  subscription  or  entertainment  a  like  sum 
for  the  maintenance  of  such  library  for  such  year. 

255.  (200.)  The  Public  Library  Commission  shall  adopt    E»le»»n<1 

t.wv>    v     .  7  /  .'  1         regulations. 

rules  and   regulations   for  the  organization  and   manage-    IWd- 
ment  of  such  libraries,  and  for  the  use  and  safekeeping 
thereof,  and  all  selections  of  articles  aforesaid,  purchased 
in  part  by  State  funds,  shall  be  approved  in  such  man- 
ner as  said  commission  may  by  rule  direct. 

256.  (  v)  In  any  school  district  in  which  there  is  more    control 

xo   '  J  library. 

than  one  schoolhouse,  or  in  which  there  is  maintained  a    iwd. 
public  library  the  Public   Library   Commission  may  con- 
solidate and  establish  in  one  place  the  school  libraries  in 
such  district. 

257.  (4.)  Each  school  district  may,  in  the  manner  pro-    Additional 

J  r  sum   for 

vided  by  law  for  making  appropriations  for  the  current    libraries, 
expenses  of  the  schools,  appropriate  such  sums  as  may 
be  necessary  for  the  proper  care  and  management  of  any 
library  established  under  this  act. 

258.  (5-)  Any  expense  incurred  by  said  commission  in    Payments, 
carrying  into  effect  the  provisions   of  this  act,  shall  be 

paid  by  the  State  Treasurer,  on  the  warrant  of  the 
State  Comptroller,  but  no  expense  shall  be  incurred  un- 
der the  provisions  of  this  section  until  an  appropriation 
therefor  shall  have  been  made  by  the  Legislature  in  the 
annual  appropriation  act. 


122 


SCHOOL  LAW. 


Article  XXIV. 


Support    of 
teachers' 
libraries. 
P.   L.    1003. 
Special 

Ri'SSIOU. 


Committee 
on   selection. 
Ibid. 


TEACHERS    LIBRARIES. 

259.  (211.)  Whenever  in  any  county  there  shall  have 
been  raised  by  subscription  a  sum  of  money  not  less 
than  one  hundred  dollars  for  the  establishment  of  a 
library  of  pedagogical  books  for  the  use  of  the  teachers 
of  the  public  schools,  the  State  Comptroller  shall,  upon 
the  order  of  the  Commissioner  of  Education,  draw  his 
warrant  on  the  State  Treasurer  in  favor  of  the  County 
Superintendent  of  Schools  of  said  county  for  the  sum 
of  one  hundred  dollars  for  the  benefit  of  such  library, 
and  annually  thereafter  there  shall  be  paid  on  a  like  order 
a  sum  not  less  than  fifty  dollars  nor  more  than  one  hun- 
dred dollars,  upon  condition  that  there  shall  have  been 
raised  by  subscription  a  like  sum  for  the  maintenance  of 
such  library  for  such  year. 

260.  (212.)  The  County  Superintendent  of  Schools  and 
three  teachers  of  public  schools  in  such  county  appointed 
by  him  shall  constitute  a  committee  to  select  and  purchase 
books  and  apparatus  for  such  library,  and  to  make  rules 
and  regulations  for  the  management,  use  and  safekeeping 
thereof. 


Trustees    of 
retirement 
fund ;    how 
composed. 
1\    L.    1907. 
p.    365. 


Term. 


Article  XXV.   (a) 

teachers'  retirement  fund. 

261.  (213.)  There  shall  be  a  Board  of  Trustees,  to  be 
Known  as  "The  Board  of  Trustees  of  the  Teachers'  Re- 
tirement Fund."  Said  board  shall  be  composed  of  the 
Commissioner  of  Education,  three  persons,  not  teachers, 
and  not  eligible  to  membership  in  said  fund,  to  be  se- 
lected by  the  Governor,  and  five  persons  members  of  said 
fund,  nominated  as  is  hereinafter  provided.  The  eight 
persons  so  selected  or  nominated  shall  be  appointed  by 


(a)  Article  XXV  is  not  a  private,  local  or  special  law. 

The  title  of  "An  act  to  establish  a  thorough  and  efficient  system  of 
free  public  schools  and  to  provide  for  the  maintenance,  support  and 
management  thereof,"  expresses  a  single  object  and  the  creation  of 
the  Board  of  Trustees  of  the  Teachers'  Retirement  Fund  is  germane 
thereto  and  one  of  the  products  of  the  act.  Allen  v.  Passaic,  52  Vr. 
135   and  55   Vr.  402. 


SCHOOL  LAV/. 


123 


Vacancies. 


Office. 


Annual 

convention. 

Ibid. 


the  Governor.  Said  trustees  shall  be  appointed  each  for 
a  term  of  four  years,  and  in  the  place  of  any  trustee  whose 
term  shall  expire  a  successor  shall  be  appointed  in  like 
manner  for  the  term  of  four  years.  A  vacancy  in  said 
board  shall  be  filled  by  the  Governor  for  the  unexpired 
term  in  the  case  of  a  trustee  to  be  selected  by  the  Gov- 
ernor as  aforesaid,  and  until  the  next  annual  convention 
in  case  of  a  trustee  nominated  as  is  hereinafter  provided. 
At  said  convention  a  person  shall  be  nominated  to  fill  the 
vacancy  for  the  unexpired  term.  A  suitable  office  in  the 
State  House  at  Trenton  shall  be  provided  for  said  Board 
of  Trustees. 

282.    (214.)    The  annual  convention  of  the  Teachers' 
Retirement   Fund   shall  be   held   at   the   State   House    in 
Trenton,  at  twelve  o'clock  noon,  on  the  last  Saturday  in 
September  of  each  year,  for  the  purpose  of  nominating 
members  of  the  Board  of  Trustees  of  the  Teachers'  Re- 
tirement Fund,  of  receiving  the  report  of  said  board,  and 
for  the  transaction  of  any  other  business  properly  within 
its  jurisdiction.     Said  convention  shall  be   composed  of    Delegates, 
delegates   from  each  county  in  the  State,  selected  as  is 
hereinafter   provided.      Said   convention    shall   be    called    organization 
to  order  by  the  president  of  the  Board  of  Trustees,  and 
shall  organize  by  the  election  of  a  chairman  and  a  secre- 
tary.    Each  county  shall  be  entitled  to  be  represented  in 
such  convention  by  one  delegate   for  each  one  hundred 
teachers  in  said  county  who  are  members  of  the   fund, 
and  one  delegate   for  any   fraction  over  fifty;  provided,    Proviso, 
that  each  county  shall  be  entitled  to  at  least  one  delegate. 
Said  delegate  shall  be  elected  by  the  vote  of  a  majority   county 
of  the  members  of  the  fund  in  the  county  who  shall  be 
present   at   a   meeting   held    for   the   purpose    of    electing 
such  delegates.     Said  meeting  for  the  election   of   dele- 
gates shall  be  held  at  such  convenient  place  as  shall  be 
selected  by  the  County  Superintendent  of  Schools.    Notice    Notice  of. 
of  the  time  and  place  of  said  meeting  shall  be  issued  by 
said  County  Superintendent  at  least  ten  days  before  the 
date   of   said   meeting.      Said  meeting   shall   organize   by   organization, 
the  election  of  a  chairman  and  a  secretary.     Said  secretary 
shall,  within  five  days  after  said  meeting,  forward  to  the 


124 


SCHOOL  LAW. 


County 
delegates. 


Officers 
of  fund. 
Ibid. 


Proviso. 


Care  of   fund. 


Investments. 


D.    S.    se- 
curities. 


New    Jersey 
bonds. 


I'.onds   of 
other  states. 


president  of  the  Board  of  Trustees  of  the  Teachers'  Re- 
tirement Fund  a  certificate  containing  the  names  and  ad- 
dresses of  the  delegates  elected  to  the  annual  convention. 
In  case  of  a  vacancy  in  the  delegation  from  any  county, 
the  remaining  delegates  from  such  county  may  fill  such 
vacancy  by  appointing  a  teacher  in  said  county,  who  shall 
possess  the  qualifications  hereinbefore  prescribed  for  dele- 
gates to  such  convention.  A  majority  of  all  the  delegates 
entitled  to  seats  in  said  convention  shall  constitute  a  quorum 
for  the  transaction  of  business. 

263.  (215.)  The  officers  of  the  Board  of  Trustees  of 
the  Teachers'  Retirement  Fund  shall  be  a  president,  a 
vice-president  and  a  secretary.  The  president  and  vice- 
president  shall  be  members  of  the  Board  of  Trustees, 
shall  be  elected  annually  on  the  second  Saturday  in 
October,  and  shall  hold  office  for  one  year  and  until 
their  successors  shall  be  elected ;  provided  that  their  terms 
as  officers  shall  not  extend  beyond  their  respective  terms 
as  members  of  said  board.  The  term  of  office  of  the 
secretary  shall  be  fixed  by  said  board.  Said  board  shall 
administer  the  fund  hereinafter  mentioned,  and  order  all 
payments  therefrom  in  the  manner  provided  by  this  ar- 
ticle. Such  portion  of  said  fund  as  the  Board  of  Trustees 
may  from  time  to  time  determine  may  be  invested  in  the 
following  securities,  being  securities  which  are  now  au- 
thorized by  law  for  savings  banks. 

I.  In  stocks  or  bonds,  or  interest-bearing  notes  or  obli- 
gations of  the  United  States,  or  those  for  which  the  faith 
of  the  United  States  is  distinctly  pledged  to  provide  for 
the  payment  of  the  principal  and  interest  thereof. 

II.  In  the   interest-bearing  bonds  of  this  State,  or  in 
any  bonds   authorized  by   the   laws  of   this   State  to  be 
issued  by  any  commission  appointed  by  the  Supreme  Court 
of  this  State  by  virtue  of  any  law  of  this  State- 
Ill.  In  the  bonds  of  any  State  in  the  Union  that  has 

not,  within  ten  years  previous  to  making  such  investment, 
defaulted  in  the  payment  of  any  part  of  either  principal 
or  interest  in  any  debt  authorized  to  be  contracted  by 
any  law  of  such  State. 


SCHOOL  LAW. 


125 


IV.  In  the  bonds  of  any  county,  township,  municipality 
or  school  district  of  this  State  issued  pursuant  to  the 
authority  of  any  law  of  this  State;  provided,  such  county, 
township,  municipality  or  school  district  shall  not,  within 
the  five  years  next  preceding,  have  defaulted  in  the  pay- 
ment of  any  part  of  either  principal  or  interest  of  any 
legal  debt  or  obligation  thereof;  and  provided  further, 
the  total  indebtedness  of  any  borough  and  village  does  not 
exceed  ten  per  centum  of  its  assessed  valuation,  and  such 
school  district  bonds  are  by  law  charged  upon  all  the 
property  of  the  inhabitants  of  such  district;  or  in  any 
interest-bearing  obligation  (other  than  obligations  com- 
monly known  as  improvement  certificates)  issued  by  the 
city,  county,  town,  township,  borough  or  village. 

V.  In  the  bonds  of  any  city  or  county,  or  any  other 
State  of  the  Union,  issued  pursuant  to  the  authority  of 
any  law  of  any  such  State ;  provided,  such  city  or  county 
has  not,  within  ten  years  previous  to  making  such  in- 
vestment, defaulted  in  the  payment  of  any  part  of  either 
principal  or  interest  of  any  debt  authorized  to  be  con- 
tracted by  any  law  of  such  State;  and  provided  further, 
the  total  indebtedness  of  any  such  city  or  county  is  lim- 
ited by  law  to  ten  per  centum  of  its  assessed  valuation. 

VI.  In  bonds  secured  by  mortgages  which  shall  be  a 
first  lien  on  real  estate  situate  in  this  State,  and  worth  at 
least  double  the  amount  loaned  thereon,  but  not  to  exceed 
sixty  per  centum  of  the  whole  amount  of  the  permanent 
principal  of  the  fund  shall  be  so  loaned  or  invested;  but 
in  case  the  loan  is  on  unimproved  or  unproductive  real 
estate,  the  amount  loaned  thereon  shall  not  be  more  than 
thirty  per  centum  of  its  actual  value;  and  no  investment 
in^any  bond  and  mortgage  shall  be  made  except  upon  the 
report  of  a  committee  of  at  least  three  of  the  trustees, 
and  two  members  of  which  committee  shall  certify  in 
writing  to  the  value  of  the  premises  mortgaged  or  to  be 
mortgaged,  according  to  their  best  judgment;  such  report 
shall  be  filed  and  preserved  among  the  records  of  the 
trustees  of  the  fund. 

VII.  In  such  real  estate  as  shall  have  been  purchased 
or  acquired  by  the  fund  at  the  sales  upon  the  foreclosure 


Municipal  or 
school  bonds. 


Proviso. 


Proviso. 


Other  city   in- 
state  bonds. 


Proviso. 


Proviso. 


In   bond 

and    mortgage. 


Investments 
In  real  estate. 


126 


SCHOOL  LAW. 


luvestinents 
as   principal. 


Source   of 
annuities. 


Fiscal    year. 


Annual 
report. 


Expenses  of 
fund  met  by 
state. 


Treasurer 
of  fund. 
Ibid. 


of  mortgages  owned  by  the  fund,  or  upon  judgments 
or  decrees  obtained  or  rendered  for  debts  due  to  it,  or  in 
settlements  effected  to  secure  such  debts  or  in  satisfaction 
of  such  mortgages ;  and  all  such  real  estate  shall  be  sold 
by  said  fund  within  five  years  after  the  same  shall  have 
been  so  purchased,  unless,  upon  application  to  the  Com- 
missioner of  Banking  and  Insurance,  he  shall  extend  the 
time  within  which  such  sale  shall  be  made. 

All  moneys  so  invested  shall  be  deemed  to  be  part  of 
the  permanent  principal  of  said  fund,  and  the  income 
arising  from  said  moneys  so  invested,  togethet  with  all 
moneys  received  by  donation,  gift,  legacy,  bequest,  de- 
vise or  otherwise,  and  which  shall  not  be  specifically 
directed  to  be  made  a  part  of  the  permanent  principal  of 
said  fund,  shall  be  available  for  the  payment  of  annuities 
under  this  article.  All  moneys  received  in  payment  of 
principal  of  bonds  or  other  securities  held  by  said  fund 
shall  be  reinvested,  and  shall  remain  a  part  of  said  per- 
manent principal.  The  fiscal  year  of  said  fund  shall 
begin  on  the  first  day  of  July  and  end  on  the  thirtieth 
day  of  June.  Said  board  shall  present,  at  each  annual 
convention  of  the  Teachers'  Retirement  Fund,  a  report 
of  the  condition  of  said  fund  for  the  last  preceding  fiscal 
year,  showing  the  receipts  and  disbursements  on  account 
of  the  fund,  together  with  a  list  of  the  beneficiaries 
thereof.  A  copy  of  said  report  shall  be  sent  to  the 
Governor,  and  a  copy  to  the  State  Board  of  Education, 
which  copy  shall  be  included  in  the  report  of  the  said 
board  to  the  Legislature.  The  necessary  clerical  and  other 
expenses  incurred  by  the  Board  of  Trustes  and  by  the 
State  Treasurer  in  the  administration  of  said  fund  shall 
be  paid  by  the  State  Treasurer,  on  the  warrant  of  the 
State  Comptroller,  upon  orders  signed  by  the  president 
and  secretary  of  said  board. 

264.  (216.)  The  State  Treasurer  shall  be,  ex  officio, 
treasurer  of  the  Teachers'  Retirement  Fund.  He  shall 
receive  all  moneys  payable  to  said  fund,  and  pay  out  the 
same  only  on  warrants  or  orders  signed  by  the  president 
and  secretary  of  the  Board  of  Trustees.  All  warrants 
or  orders,  when  so  signed,  shall  be  full  authority  for  the 


SCHOOL  LAW. 


127 


acquittance  of  said  treasurer  for  all  payments  from  said 
fund.  Said  treasurer  shall  give  receipts  for  all  moneys 
received  by  him  for  said  fund ;  shall  keep  full  and  correct 
accounts  of  the  financial  transactions  connected  therewith, 
and  shall  make  an  annual  report  to  the  Board  of  Trustees, 
at  its  meeting  in  September,  of  the  receipts  and  disburse- 
ments, and  other  financial  transactions  connected  with 
said  fund. 

265.  (si?-)  Whenever  any  member  of  the  Teachers' 
Retirement  Fund  shall  have  taught  or  shall  have  been 
employed  in  the  public  school  system  in  this  State,  or  in 
any  school  in  this  State  supported  wholly  or  in  part  by 
public  moneys  raised  under  the  authority  of  any  law 
of  this  State,  for  a  period  or  periods  aggregating  at  least 
twenty  years,  and  shall,  in  the  judgment  of  the  Board 
of  Trustees  of  said  fund,  have  become  incapacitated  from 
performing  the  duties  of  a  teacher,  or  of  such  other 
employment  as  aforesaid,  such  person  shall,  at  his  or  her 
request,  be  retired,  and  shall  thereafter  receive  an  an- 
nuity out  of  said  fund  equal  to  six-tenths  the  average 
annual  salary  received  by  such  person  for  the  five  years 
of  employment  next  preceding  the  date  of  retirement; 
provided,  that  no  annuity  shall  be  less  than  two  hundred 
and  fifty  dollars  nor  more  than  six  hundred  and  fifty 
dollars.  In  case  the  amount  paid  to  the  fund  by  any 
applicant  at  the  time  he  or  she  shall  apply  for  retire- 
ment shall  not  be  equal  to  at  least  the  amount  of  his  or 
her  annuity  for  one  year,  said  applicant  shall,  before  he 
or  she  shall  be  paid  any  annuity,  either  pay  into  said 
fund  such  sum  as  shall,  together  with  the  sums  thereto- 
fore paid  by  such  applicant,  equal  one  year's  annuity  as 
aforesaid;  or,  in  lieu  thereof,  shall  give  to  the  Board  of 
Trustees  authority,  in  writing,  to  withhold  all  payments 
due  to  him  or  her  on  account  of  such  annuity  until  the 
sum  so  withheld  shall  be  equal  to  the  amount  due  the 
fund  as  aforesaid,  and  to  credit  his  or  her  account  with 
the  sum  so  withheld  as  full  satisfaction  of  the  amount 
owing  the  fund  by  said  applicant.  Application  for  re- 
tirement with  annuity  shall  be  filed  with  the  Board  of 
Trustees  while  the  applicant  is  in  actual  service,  or  within 


Accounts 
kept  and 
report. 


Annuitants. 
Ibid. 


Proviso. 


Amount  paid 
in   must 
equal 
annuity. 


Application 
for  retire- 
ment. 


128 


SCHOOL  LAW. 


Suspension 
of   annuity. 


When   mem- 
bership 
ceases. 


Deductions 
upon   resum- 
ing teaching. 


Annuities 
paid    quar- 
terly. 
Ibid. 


How   fund 

constituted. 

Ibid. 

2    per    cent, 
from  teachers 
of   ten   years 
or    less. 


2%    per   cent, 
from  teachers 
between    tea 
and   fifteen 
years. 


two  years  after  he  or  she  shall  have  discontinued  teaching 
or  such  other  active  employment  as  aforesaid.  The  de- 
cision of  the  Board  of  Trustees  shall,  subject  to  appeal 
to  the  State  Board  of  Education,  determine  the  right  of 
the  applicant  to  any  annuity.  The  payment  of  any  annuity 
shall  be  suspended  whenever  the  annuitant  has  resumed 
teaching  or  such  other  active  employment  as  aforesaid, 
but  such  payment  may  be  renewed  whenever  evidence  shall 
be  presented  to  the  Board  of  Trustees  that  such  annuitant 
has  again  discontinued  teaching  or  such  other  active  em- 
ployment as  aforesaid.  Any  member  of  said  fund  who 
shall  discontinue  teaching  or  such  other  active  employment 
as  aforesaid,  for  any  cause  other  than  by  reason  of  having 
become  incapacitated  as  aforesaid,  shall  cease  to  be  a 
member  of  said  fund;  but  upon  resuming  teaching  or  other 
active  employment  as  aforesaid,  the  deductions  thereafter 
made  from  his  contractual  monthly  salary  shall  be  based 
on  his  length  of  service  in  teaching  or  other  active  employ- 
ment as  aforesaid  at  the  time  he  resumes  teaching  or 
such  employment.  The  amount  theretofore  paid  on  his 
account  to  the  Teachers'  Retirement  Fund  shall  be  deemed 
to  be  a  part  of  the  total  amount  to  be  deducted  from  his 
salary  and  paid  to  said  fund. 

266.  (2I8.)  All  annuities  shall  be  paid  in  quarterly 
installments  on  the  last  day  of  September,  December, 
March  and  June,  and  each  annuity  granted  shall  date 
from  the  day  on  which  definite  action  thereon  shall  have 
been  taken  by  the  Board  of  Trustees. 

267.  (219.)  The  retirement  fund  herein  provided  for 
shall  be  made  up  as  follows : 

I.  Two  per  centum  of  the  contractural  monthly  salaries 
of  all  members  of  the  fund  who  were  or  who  shall  have 
been  teachers,  or  shall  have  been  employed  as  is  herein- 
after provided,  ten  years  or  less  when  they  became  or 
shall  bcome  members  of  the  fund. 

Two  and  one-half  per  centum  of  the  contractural 
monthly  salaries  of  all  members  of  the  fund  who  were 
or  who  shall  have  been  teachers,  or  shall  have  been  em- 
ployed  as    is   hereinafter   provided,    over   ten   years,   but 


SCHOOL  LAW.  129 

less  than  fifteen  years,  when  they  became  or  shall  be- 
come members  of  the  fund. 

Three  per  centum  of  the  contractural  monthly  salaries    ?,,[)","",';,,., 
of  all  members  of  the  fund  who  were  or  who  shall  have    ^',,."^7" 
been   teachers,   or  shall   have  been   employed   as   is   here-    uu,,e- 
inafter   provided,    fifteen    years   or   more    when   they   be- 
came or  shall  become  members  of  the  fund. 

No    deductions    made    under    the    provisions    of    this    Tot«i  deduc- 

1  tluna. 

article  from  the  salary  of  any  teacher  shall  exceed  fifty 
dollars  in  any  year.  The  total  amount  of  deduction  on 
account  of  any  member  shall  not  exceed  the  sum  of  one 
thousand  dollars. 

The  amount  due  the  Teachers'  Retirement  Fund  shall    Qnartoriy 

Settlement! 

be  reserved  or  deducted  from  each  warrant  or  order  for    i»-« «■--., 

1      t «■.-( »-Iht   and 

salary  given   to  each  member  of  the   fund  by  the    Hoard    fund: 

rr  1111  method. 

of  Education  or  other  board  or  officer  as  shall  be  re- 
quired by  law  to  give  such  warrants  or  orders,  and  the 
said  board  or  officer  shall,  between  the  first  and  twen- 
tieth days  of  March,  June,  September  and  December,  draw 
a  warrant  for  the  amounts  so  reserved  and  deducted 
in  favor  of  the  custodian  of  the  school  moneys  of  the 
district  or  school  in  which  such  member  shall  be  em- 
ployed, and  the  said  custodian  shall,  immediately  upon 
receipt  of  any  such  warrant  or  order,  forward  to  the 
State  Treasurer  the  amount  of  money  named  therein,  to- 
gether with  a  list  of  the  names,  the  monthly  salaries,  the 
amounts  deducted,  and  the  percentage  rates  respectively,  of 
the  persons  from  whose  salaries  the  deductions  represented 
thereby  have  been  made. 

II.  All  moneys  and  property  received  bv  donation,  gift,    otfts.  iega- 

.  .  eles,    etc. 

legacy,  bequest,  devise,  or  otherwise,   for  or  on   account 
of  said  fund. 

III.  All    interest    on    investments,    and    other    monevs    intent  from 

Investment*. 

which  may  be  raised  for  the  increase  of  said  fund,   (a) 

2SS    (220.)   Said  Board  of  Trustees  shall  have  power:    Power  of 

*-'-"-'■    >  trustee*. 

I.  To   frame  and  modifv  bv-laws  for  its  own  govern-    n.1.1 

....  .  To  make  »>y- 

ment  not  inconsistent  with  the  laws  of  ihis  State;  to  elect    u»-».  choose 

officers,    etc. 

(a)  The  deductions  by  section  219.  P.  L.  1907,  p.  365.  do  noi  con- 
stitute the  taking  of  property  without  due  process  of  law.  or  the  taking 
of  private  property  for  public  use  without  just  compensation.  Allen 
v.   Board  of  Education   of  Passaic,   52    Vr.    135. 


*  3° 


SCHOOL  LAW. 


Subpoena 
witnesses. 


Salary   of 
secretary. 


Pay 

annuities. 


Proviso. 


Corporate 
name. 


Control  of 
funds  and 
securities. 


Waiver    of 
present 
rights,    and 
acceptance 
of  this  act. 
Ibid. 


its  president  and  other  officers,  and  to  prescribe  and  en- 
force rules  and  regulations  necessary  to  carry  into  effect 
the  provisions  of  this  article. 

II.  To  subpcena  witnesses  and  compel  their  attendance 
to  testify  before  it  in  all  matters  relating  to  the  operation 
of  this  article,  and  any  member  of  said  board  may  ad- 
minister oaths  or  affirmations  to  such  witnesses. 

III.  To  fix  the  salary  and  the  term  of  office  of  secre- 
tary of  said  board. 

IV.  To  draw  its  warrants  upon  the  State  Treasurer 
for  the  payment  out  of  said  fund  of  all  annuities  pay- 
able under  the  provisions  of  this  article ;  the  members 
of  said  board,  excepting  the  secretary,  shall  serve  with- 
out compensation,  but  the  State  Treasurer  shall,  upon 
the  warrants  of  the  State  Comptroller,  pay  their  neces- 
sary expenses;  provided,  that  if  said  board  shall  elect 
one  of  its  members  secretary,  such  member  may  receive 
compensation  for  services  rendered  as  secretary. 

V.  By  the  name  of  "The  Board  of  Trustees  of  the 
Teachers'  Retirement  Fund."  to  sue  and  be  sued,  com- 
plain and  defend,  in  any  court  of  law  or  equity. 

VI.  To  have,  hold,  purchase,  sell,  assign  and  transfer 
any  of  the  securities  in  which  any  part  of  the  said  re- 
tirement fund  may  be  invested,  and  any  moneys  belong- 
ing to  said  fund. 

269.  (221.)  I.  Any  person  who  is  now  a  member  of 
the  Teachers'  Retirement  Fund  may,  on  or  before  the 
first  day  of  January,  one  thousand  nine  hundred  and 
nine,  waive  all  rights  and  privileges  he  now  has  as  such 
member  and  accept  the  provisions  of  this  act,  with  all  its 
rights  and  privileges,  by  signing  and  delivering  to  the 
Board  of  Trustees  of  said  fund  a  notice  substantially  in 
the  following  form  : 


Form   of 
waiver  and 
acceptance. 


To  the  Board  of  Trustees  of  the  Teachers'  Retirement. 

Fund: 

You  are  here  notified  that  I  hereby  waive  all  rights 
and  privileges  as  a  member  of  the  Teachers'  Retirement 
Fund  under  the  provisions  of  any  act  heretofore  passed 
by  the  Legislature,  and  that  I  hereby  accept  the  provi- 


SCHOOL  LAW.  131 

sions  of  an  act  entitled  "An  act  to  amend  an  act  entitled 
'An  act  to  establish  a  thorough  and  efficient  system  of 
free  public  schools,  and  to  provide  for  the  maintenance, 
support  and  management  thereof,'  approved  October  nine- 
teenth, one  thousand  nine  hundred  and  three,"  approved 
(here  insert  the  date  of  approval  of  this  act),  and  that 

I  do  hereby  agree  to  be  bound  thereby.    Dated . 

A  copy  of  said  notice  shall  be  filed  with  the  Board  of    notk-e°ffi 


tiled 


Education  or  other  body  by  whom  he  or   she   shall  be    ^d.8011001 

employed.     Any  member  of  the  fund  as  aforesaid  who 

shall  not  file  such  notice  shall  continue  to  be  bound  by 

the  provisions  of  the  statute  in  force  at  the  time  he  or 

she  became  a  member  of  the  fund,  and  shall  be  entitled 

only  to  such  benefits  as  are  thereby  conferred. 

II.  Any   person   now   entitled    to   membership    in    said    ^tftn-d""^ 
fund,  but  who  has  not  heretofore  become  a  member,  may    ™*J  iu'm 
join  said  fund  on  or  before  the  first  day  of  January,  one 
thousand  nine  hundred  and  nine,  by  signing  and  deliver- 
ing to  the  Board  of  Education,   Board  of  Trustees,  or 

other  body  by  whom  he  or  she  shall  be  employed,  a  notice 
substantially  in  the  form  hereinbefore  prescribed. 

III.  Any   person   who   may   become   entitled   to   mem-    Membership 

.  .  J  of   others. 

bership  in  said  fund  after  this  act  shall  take  effect  as 
shall  give  such  notice  on  or  before  the  first  day  of  Janu- 
ary, one  thousand  nine  hundred  and  nine. 

IV.  Every  person  who  shall  be  appointed  to  any  posi-  New  aP- 

J     *  i  A  J     *■  pomtees. 

tion  hereinafter  designated  on  or  after  the  first  day  of 
January,  one  thousand  nine  hundred  and  eight,  shall  be- 
come a  member  of  the  fund  by  virtue  of  such  appoint- 
ment; provided,  this  shall  not  apply  to  any  member  of  the  Proviso, 
fund,  or  to  any  person  eligible  to  membership  in  said  fund, 
prior  to  January  first,  one  thousand  nine  hundred  and 
eight,  (a) 

270.  (222.)  Any  member  of  said  fund  who  shall  cease    Notification 

1    '  1  i-i  11  ...  ...       of    change    of 

to  teach  or  be  employed  in  the  school  or  position  in  which    position, 
he  or  she   shall  have  been  employed,  and  who  shall  be 

(a)  The  provisions  of  this  section  become  a  part  of  the  contract 
entered  into  by  a  person  accepting,  after  January  1st,  1908,  any  pos  tion 
designated  in  said  article,  by  the  mere  fact  of  acceptance,  and  author- 
ize the  deduction  and  detention,  for  the  Teachers'  Retirement  Fund, 
of  the  percentage  prescribed  by  the  School  Law.  Allen  v.  Passaic,  52 
Vr.  135  and  55  Vr.  402. 


132 


SCHOOL  LAW. 


School    boards 
to    ascertain 
membership 
and    i ! •  ■•  1 1 1 « - 1 
percentage. 
Ibid. 


Eligibility  to 

membership. 

Ibid. 


Appropriation 

for   expenses 

of    teachers' 

retirement 

fund. 

P.    L.    1905, 

Chap.    U5. 


employed  in  any  other  school  or  position,  shall  imme- 
diately give  written  notice  to  the  Board  of  Education, 
or  other  body  having  control  of  the  school  or  position  in 
which  he  or  she  shall  be  employed,  that  he  or  she  is  a 
member  of  the  Teachers'  Retirement  Fund,  and  said 
notice  shall  direct  that  the  prescribed  per  centum  of  his 
or  her  contractural  monthly  salary  be  deducted  monthly 
and  forwarded  quarterly  to  the  State  Treasurer  as  is 
hereinbefore  provided.  Such  member  shall  send  a  copy 
of  said  notice,  with  his  or  her  address,  to  the  secretary 
of  the  Board  of  Trustees  of  the  Teachers'  Retirement 
Fund,  and  another  copy  of  said  notice  to  the  State  Treas- 
urer. 

271.  (223.)  It  shall  be  the  duty  of  all  Boards  of  Edu- 
cation or  Boards  of  Trustees,  or  other  officers  charged 
with  the  appointment  or  engagement  of  persons  entitled 
to  membership  in  the  Teachers'  Retirement  Fund,  to 
learn  if  a  person  so  appointed  or  engaged  is  a  member  of 
said  fund,  and  if  such  be  the  case,  to  deduct  the  percent- 
age of  such  salary  due  to  said  fund  from  his  or  her  con- 
tractural monthly  salary  and  remit  the  same  to  the  State 
Treasurer  as  is  hereinbefore  provided. 

272.  (224.)  Any  teacher,  teacher-clerk,  principal, 
supervisor,  supervising  principal  or  superintendent  who 
shall  teach  or  be  employed  in  the  public  schools  of  this 
State,  or  in  any  normal,  model  or  reformatory  school  of 
this  State,  or  in  any  other  school  of  this  State  supported 
either  wholly  or  in  part  by  public  moneys  raised  under 
the  authority  of  any  law  of  this  State,  and  any  city, 
county  or  State  superintendent  of  the  public  schools  of 
this  State,  shall  be  eligible  to  membership  in  the  Teachers' 
Retirement  Fund. 

273.  (1.)  The  sum  of  fifteen  hundred  dollars,  or  such 
part  thereof  as  may  be  necessary,  be  and  the  same  is 
hereby  appropriated  annually  for  the  payment  of  the  ex- 
penses of  the  Board  of  Trustees  of  the  Teachers'  Re- 
tirement Fund  provided  for  by  article  twenty-five  of  the 
act  to  which  this  is  a  supplement,  for  the  administration 
of  said  fund,  including  the  expenses  of  the  State  Treas- 
urer and  all  clerical  and  other  expenses  of  said  Board  of 


SCHOOL  LAW. 


133 


Trustees  of  the  Teachers'  Retirement  Fund  under  the 
direction  of  the  State  Treasurer;  provided,  that  no  ex-  rroviso. 
penses  shall  be  incurred  for  which  the  State  shall  be 
liable  in  connection  herewith,  unless  first  approved  by 
the  State  Treasurer;  and  provided  further,  that  such  ex-  provuo. 
penditure  shall  be  in  nowise  a  guarantee  on  the  part  of 
the  State  as  to  the  security,  condition  or  prospects  of  the 
fund. 

Article  XXVI. 


SALARIES   OF   TEACHERS    AND    PRINCIPALS. 

274.  (225.)  Teachers  hereafter  employed  in  any  graded    s^"r,|*a  of 
school    in   this   State   supported    in   whole  or   in   part   by    p.  '-  1903, 
State  moneys  shall  receive  salaries  proportioned  to  their    session, 
experience  and  success  in  the  school  district  where  they 
may  be  employed,  such  salary,  in  the  case  of  every  teacher 
whose  experience  and  success  have  been  properly  certified 
to,   to   be   not   less   than   the   amount   provided   for   such 
teacher  in  the  following  schedule : 

Assistant  teachers  in  primary  and  grammar  schools  and 
kindergartens : 


Assistants    in 
prlmsiry, 
grniiiiniir   and 
T  ,  ,  .  r  ,  .         ,  ,      klnileijriirten 

Less    than    two   years     experience,    four    hundred   and    department* 


eight  dollars  per  annum ; 

Two  years'  and  less  than  three  years'  experience,  four 
hundred  and  fifty-six  dollars  per  annum; 

Three  years'  and  less  than  four  years'  experience,  five 
hundred  and  four  dollars  per  annum; 

Four  years'  and  less  than  five  years'  experience,  five 
hundred  and  fifty-two  dollars  per  annum; 

Five  years'  and  less  than  six  years'  experience,  six  hun- 
dred dollars  per  annum ; 

Six  years'  and  less  than  seven  years'  experience,  six 
hundred  and  forty-eight  dollars  per  annum ; 

Seven  years'  and  less  than  eight  years'  experience,  six 
hundred  and  ninety-six  dollars  per  annum ; 

Eight  years'  and  less  than  nine  years'  experience,  seven 
hundred  and  forty-four  dollars  per  annum  ; 

Nine  years'  and  less  than  ten  years'  experience,  seven 
hundred  and  ninety-two  dollars  per  annum; 


*34 


SCHOOL  LAW. 


Principal   of 
grammar   and 
primary 
schools. 


Principals  of 

primary 

schools. 


Principals  of 
primary    de- 
partments. 


Vice-princi- 
pals   of 
grammar   and 
primary   de- 
partments. 


Ten  years'  and  less  than  eleven  years'  experience,  eight 
hundred  and  forty  dollars  per  annum ; 

Eleven  years'  and  less  than  twelve  years'  experience, 
eight  hundred  and  eighty-eight  dollars  per  annum ; 

Twelve  years'  experience  and  upwards,  nine  hundred 
and  thirty-six  dollars  per  annum ; 

Principals  of  schools  containing  grammar  and  primary 
departments : 

Less  than  one  year's  experience  as  such  principal,  one 
thousand  eight  hundred  dollars  per  annum ; 

One  year's  and  less  than  two  years'  experience,  one 
thousand  nine  hundred  dollars  per  annum; 

Two  years'  and  less  than  three  years'  experience,  two 
thousand  dollars  per  annum  ; 

Three  years'  and  less  than  four  years'  experience,  two 
thousand  one  hundred  dollars  per  annum ; 

Four  years'  and  less  than  five  years'  experience,  two 
thousand  two  hundred  dollars  per  annum ; 

Five  years'  and  less  than  six  years'  experience,  two 
thousand  three  hundred  dollars  per  annum ; 

Six  years'  and  less  than  seven  years'  experience,  two 
thousand  four  hundred  dollars  per  annum; 

Seven  years'  experience  and  upwards,  two  thousand 
five  hundred  dollars  per  annum; 

Principals  of  schools  containing  primary  departments 
only  : 

Less  than  one  year's  experience  as  such  principal,  one 
thousand  two  hundred  dollars  per  annum ; 

One  year's  and  less  than  two  years'  experience,  one 
thousand  three  hundred  dollars  per  annum ; 

Two  years'  and  less  than  three  years'  experience,  one 
thousand  four  hundred  dollars  per  annum ; 

Three  years'  and  upwards,  one  thousand  five  hundred 
dollars  per  annum ; 

Principals  of  primary  departments  shall  be  paid  at 
the  same  rate  as  principals  of  schools  containing  primary 
departments  only; 

Vice-principals,  head  assistants  and  first  assistants  of 
grammar  and  primary  departments: 

Less  than  one  year's  experience  as  such  vice-principal. 


SCHOOL  LAW. 


'35 


Assistants 
In    high 
schools. 


head  assistant  or  first  assistant,  nine  hundred  and  ninety- 
six  dollars  per  annum; 

One  year's  and  less  than  two  years'  experience,  one 
thousand  and  fifty-six  dollars  per  annum; 

Two  years'  and  less  than  three  years'  experience,  one 
thousand  one  hundred  and  sixteen  dollars  per  annum ; 

Three  years'  experience  and  upwards,  one  thousand  one 
hundred  and  seventy-six  dollars  per  annum ; 

Assistant  teachers  in  high  schools,  male  assistants : 

Less  than  one  year's  experience,  one  thousand  five  hun- 
dred dollars  per  annum ; 

One  year's  and  less  than  two  years'  experience,  one 
thousand  six  hundred  dollars  per  annum,  and  for  each 
year's  experience  thereafter  at  an  additional  salary  of  one 
hundred  dollars  per  annum  to  not  less  than  the  sum  of 
two  thousand  four  hundred  dollars  per  annum ; 

Female  assistants  in  high  schools : 

Less  than  one  year's  experience,  seven  hundred  dollars  > 
per  annum,  and  for  each  year's  experience  thereafter,  at 
an  additional  salary  of  one  hundred  dollars  per  annum,  to 
not  less  than  the  sum  of  one  thousand  two  hundred  dol- 
lars per  annum ; 

Vice-principals  of  high  schools :  vice-princi- 

,  .  pals   of  high 

Less  than  one  year  s  experience,  two  thousand  dollars    schools, 
per  annum,  and  for  each  year's  experience  thereafter,  at 
an  additional  salary  of  one  hundred  dollars  per  annum  to 
not  less  than  two  thousand  five  hundred  dollars  per  annum  ; 

Principals  of  high  schools : 

Less  than  one  year's  experience  as  such  high  school 
principal,  two  thousand  five  hundred  dollars  per  annum ; 

One  year's  and  less  than  two  years'  experience,  two 
thousand  six  hundred  dollars  per  annum ; 

Two  years'  and  less  than  three  years'  experience,  two 
thousand  seven  hundred  dollars  per  annum ; 

Three  years'  and  less  than  four  years'  experience,  two 
thousand  eight  hundred  dollars  per  annum ; 

Four  years'  and  less  than  five  years'  experience,  two 
thousand  nine  hundred  dollars  per  annum ; 

Five  years'  experience  and  upward,  three  thousand  dol- 
lars per  annum; 


Principals  of 
high  schools. 


136 


SCHOOL  LAW. 


Teach  org 
In    tr.-ihilng 
sellouts. 


Critic 
teachers. 


rrlnclpnls 
of    primary 

d«,I>fl  ''t  lll'Ml  ts 

in    training 
Schuuls. 


Teachers    of 

tnethnils     In 

training 

Schuuls. 


Principals  of 

training 

schools. 


Prorlso. 


Proviso. 


Model  teachers  in  model  departments  of  training  schools 
for  teachers : 

In  addition  to  the  salaries  herein  provided  for  assistant 
teachers  of  primary  and  grammar  schools,  one  hundred 
and  fifty  dollars,  each,  per  annum ; 

Critic  teachers  of  training  schools  for  teachers: 

Two  hundred  dollars,  each,  per  annum,  as  extra  com- 
pensation ; 

Principal  of  primary  department  of  training  schools  for 
teachers : 

Less  than  one  year's  experience,  one  thousand  five  hun- 
dred dollars  per  annum,  and  for  each  year's  experience 
thereafter,  at  an  additional  salary  of  one  hundred  dollars 
per  annum,  to  not  less  than  the  sum  of  one  thousand 
seven  hundred  dollars  per  annum  ; 

Teachers  of  methods  or  supervisors  of  methods  of  train- 
ing school  for  teachers : 

Less  than  one  year's  experience,  one  thousand  five 
hundred  dollars  per  annum,  and  for  each  year's  experi- 
ence thereafter,  at  an  additional  salary  of  one  hundred 
dollars  per  annum,  to  not  less  than  two  thousand  dollars 
per  annum ; 

Principals  of  training  schools  for  teachers : 

Less  than  one  year's  experience,  two  thousand  five 
hundred  dollars  per  annum,  and  for  each  year's  experi- 
ence thereafter,  at  an  additional  salary  of  one  hundred 
dollars  per  annum,  to  not  less  than  three  thousand  dol- 
lars per  annum ;  provided,  that  if  the  annual  salary  of 
any  teacher  now  employed  in  any  graded  school  of  any 
school  district  is  less  than  the  amount  required  to  be 
paid  to  such  teacher  by  the  preceding  schedule,  the  salary 
of  such  teacher  shall,  if  such  teacher's  experience  is  ap- 
proved as  successful,  be  increased  by  adding  thereto,  an- 
nually, beginning  with  the  first  day  of  the  fiscal  year  next 
succeeding  the  adoption  of  this  article,  in  the  manner 
provided  in  section  two  hundred  and  twenty-six  of  this 
act,  a  sum  equal  to  the  annual  increase  provided  in  the 
preceding  schedule  for  the  class  to  which  such  teacher 
belongs,  until  such  teacher's  salary  shall  be  in  accordance 
with  the  schedule;  and  provided  further,  that  the  annual 


SCHOOL  LAW.  137 

salary  paid  to  any  principal  or  vice-principal  hereafter  ap- 
pointed shall  not  exceed  the  annual  salary  paid  at  the  time 
such  appointment  is  made  to  principals  and  vice-principals 
of  the  same  class  respectively,  and  that  the  salary  of  every 
such  appointee  shall,  if  the  experience  of  such  appointee 
proves  to  be  successful,  be  increased  annually  by  the 
amount  and  in  the  manner  described  in  this  section,  until 
the  salary  of  such  appointee  shall  be  in  accordance  with 
the  preceding  schedule. 

275.  (226.)  The  Board  of  Aldermen,  Common  Council    Referendum; 

a  remittance  of 

or  other  governing  body  of  any  municipality  of  this  State  Article 
may,  by  resolution,  submit  the  question  of  the  accept-  ibid, 
ance  or  rejection  of  this  article  to  the  voters  of  such 
municipality  at  any  general  or  charter  election  to  be 
held  therein,  whereof  at  least  ten  days'  notice  shall  be 
given  by  public  advertisement  in  two  daily  newspapers 
of  this  State,  circulating  in  such  municipality,  and  if  a 
majority  of  those  who  shall  vote  for  the  acceptance  or 
rejection  thereof  shall  be  in  favor  of  the  acceptance  of  this 
article,  then  this  article  shall  go  into  effect  at  the  com- 
mencement of  the  then  next  fiscal  year  in  such  school 
district  and  the  grant  of  power  herein  made  shall  be 
deemed  to  be  accepted  by  such  school  district  and  such 
district  shall  be  bound  by  the  terms  of  this  article;  persons 
entitled  to  vote  at  any  election  where  this  question  is  sub- 
mitted to  them  shall  express  their  assent  or  rejection  of 
this  article  in  the  manner  provided  in  "An  act  to  regulate 
elections"  (Revision  of  1808).     There  shall  be  a  canvass    M.«ie  of 

v  ■*     '  declaring 

on  the  return  of  the  votes  upon  the  question  of  acceptance  ace«-i>tuuce. 
or  rejection  of  this  article  made  by  the  election  officers  in 
the  same  way  and  manner  as  for  officers  voted  for  at 
such  election,  and  if  a  majority  of  the  ballots  shall  be 
found  to  be  in  favor  of  the  acceptance  of  this  article  it 
shall  then,  but  not  otherwise,  go  into  effect  and  be  bind- 
ing upon  the  school  district  situate  in  said  municipality 
wherein  such  vote  shall  be  taken. 

276.  (227.)  All  elections  or  submissions  to  the  vote  of 
the  qualified  voters  of  any  municipality  for  the  adoption 
of  the  provisions  of  any  statute  establishing  the  compen-    <"nii"«  °"m, 

'  °  ■  p.    IIS.'!  I  i'  HI       01 

sation  to  be  paid  to  teachers  and  principals  in  the  public    ^'he™- 


Validating 

ai-li f 

district   con- 


138 


SCHOOL  LAW. 


schools,  and  to  provide  for  the  payment  thereof,  in  the 
school  district  situate  in  such  municipality,  which  statute 
was  in  substantial  compliance  with  the  provisions  of  this 
article,  and  the  acceptance  of  the  provisions  of  such 
statute  by  reason  of  a  majority  of  the  ballots  having 
been  found  to  be  in  favor  thereof,  and  the  attendant 
proceedings  heretofore  held,  submitted,  had,  done  or 
taken  pursuant  to  and  in  substantial  compliance  with  such 
statute  are  hereby  validated  and  confirmed  as  fully  and  to 
the  same  extent  as  though  done  after  the  passage  of  and 
in  conformity  with  the  provisions  of  this  article,  and  said 
teachers  and  principals  shall  hereafter  receive  and  be 
paid  salaries  in  accordance  with  the  provisions  of  this 
article. 

Article  XXVII. 


Penaltj    for 

Improper 

■se   of 

school 

moneyt 

Ibid 


I'rorlao 


Medical 
Inspector. 
P.    L.    1009, 
«hap.   82. 


DuU«« 


MISCELLANEOUS. 

277.  (228.)  If  the  Board  of  Education  of  any  school 
district  shall  use  any  of  the  school  money  received  by  it. 
except  such  as  shall  have  been  raised  within  the  district, 
for  any  purpose  other  than  the  payment  of  teachers'  sal- 
aries, fuel  bills,  the  transportation  of  pupils  and  the  tui- 
tion of  pupils  attending  schools  in  adjoining  districts,  there 
shall  be  deducted  by  the  County  Superintendent  of  Schools 
from  the  next  annual  apportionment  to  such  district  a 
sum  equal  to  twice  the  amount  thus  used,  and  said  County 
Superintendent  of  Schools  shall  apportion  the  moneys  thus 
deducted  among  the  other  districts  of  the  county ;  provided. 
that  the  Commissioner  of  Education  may  remit  such 
penalty. 

278.  (229.)  Every  Board  of  Education  shall  employ  a 
competent  physician,  to  be  known  as  the  medical  inspec- 
tor, and  fix  his  salary  and  term  of  office.  Every  Board 
of  Education  shall  adopt  rules  for  the  government  of 
the  medical  inspector,  which  rules  shall  be  submitted  to 
the  State  Board  of  Education  for  approval. 

The  medical  inspector  shall  examine  every  pupil  to 
learn  whether  any  physical  defect  exists,  and  keep  a 
record    from   year  to   year   of   the   growth   and   develop- 


SCHOOL  LAW. 


'39 


ment  of  such  pupil,  which  record  shall  be  the  property 
of  the  Board  of  Education,  and  shall  be  delivered  by 
said  medical  inspector  to  his  successor  in  office.  Said 
inspector  shall  lecture  before  the  teachers  at  such  times 
as  may  be  designated  by  the  Board  of  Education,  instruct- 
ing them  concerning  the  methods  employed  to  detect  the 
first  signs  of  communicable  disease  and  the  recognized 
measures  for  the  promotion  of  health  and  the  prevention 
of  disease.  The  Board  of  Education  may  appoint  more 
than  one  medical  inspector.  A  Board  of  Education  may 
exclude  from  school  any  child  whose  presence  in  the 
schoolroom  shall  be  certified  by  the  medical  inspector  as 
detrimental  to  the  health  or  cleanliness  of  the  pupils  in 
the  school,  and  shall  notify  the  parent,  guardian  or  other 
person  having  control  of  such  child  of  the  reason  therefor. 
If  the  cause  for  exclusion  is  such  that  it  can  be  remedied, 
and  the  parent,  guardian  or  other  person  having  control 
of  the  child  excluded  as  aforesaid  shall  fail  or  neglect 
within  a  reasonable  time  to  have  the  cause  for  such  ex- 
clusion removed,  such  parent,  guardian  or  other  person 
shall  be  proceeded  against  and,  upon  conviction,  be  pun- 
ishable as  a  disorderly  person,  (a) 

279.  (230.)  Every  Board  of  Education  shall  procure 
a  United  States  flag,  flag-staff  and  the  appliances  there- 
for for  each  school  in  the  district,  and  shall  display  said 
flag  upon  or  near  the  public  school  building  during  school 
hours  and  at  such  other  times  as  said  board  may  deem 
proper. 

230.  (231.)  The  several  counties  in  this  State  shall 
appropriate  the  interest  of  the  surplus  revenue  to  the  sup- 
port of  the  public  schools. 

281.  (232.)  The  Commissioner  of  Education  shall  pro- 
cure instructors  and  lecturers  for  teachers'  institutes.  To 
defray  the  expenses  incurred  in  holding  said  institutes 
there  shall  be  paid  to  him  annually  by  the  State  Treas- 
urer, upon  the  warrant  of  the  State  Comptroller,  a  sum 
not  exceeding  four  thousand  dollars.  Said  Commissioner 
of  Education  shall  make  annually  to  the  State  Board  of 


Exclude 

certain 

children. 


Flags   for 
school- 
houses. 
P.   L.   1903. 
Special 
session. 


Interest    of 
surplus 
revenue. 
Ibid. 


Teachers' 

institutes. 

Ibid. 


Appropriation, 


(a)   For  other  duties  see  sections  145,   150,  188,  div.  d,  190  and   192. 


140 


SCHOOL  LAW. 


Nature     of 
alcohol     and 
Its    i-nVclS 
tn  light. 
IL.IU. 


Examination 
In     plijslulufc'y. 
Ibid. 


Arbor   day. 
Ibid. 


Arbor  Day. 
P.    L.     I'.M2, 
Chap.    120. 


School 
exorcises. 
P.    L.    I!)03, 
Chap.   187. 


Education  an  itemized  report  of  the  expenses  incurred  in 
holding  said  teachers'  institutes  during  the  year  for  which 
said  report  shall  be  made. 

282.  (233.)  The  nature  of  alcoholic  drinks  and  nar- 
cotics and  their  effects  upon  the  human  system  shall  be 
taught  in  all  schools  supported  wholly  or  in  part  by  public 
moneys  as  thoroughly  and  in  the  same  manner  as  other 
like  branches  shall  be  taught,  by  the  use  of  graded  text- 
books in  the  hands  of  the  pupils  when  other  branches 
shall  be  thus  taught  and  orally  only  in  the  case  of  pupils 
unable  to  read.  In  the  text-books  on  physiology  and 
hygiene  the  space  devoted  to  the  consideration  of  the 
nature  of  alcoholic  drinks  and  narcotics  and  their  effects 
upon  the  human  system  shall  be  sufficient  for  a  full  and 
adequate  treatment  of  the  subject.  The  failure  or  re- 
fusal of  any  district  to  comply  with  the  provisions  of 
this  section  shall  be  sufficient  cause  for  withholding  from 
such  district  the  State  appropriation. 

283.  (234.)  No  certificate  shall  be  granted  to  any  per- 
son to  teach  in  the  public  schools,  except  to  persons  ap- 
plying for  special  certificates  to  teach  music,  drawing, 
manual  training  or  other  subjects  not  included  in  the 
usual  school  curriculum,  who  shall  not  have  passed  a  sat- 
isfactory examination  in  physiology  and  hygiene  with 
special  reference  to  the  nature  of  alcoholic  drinks  and 
narcotics  and  their  effects  upon  the  human  system. 

284.  (235-)  The  day  in  each  year  known  as  Arbor 
Day  shall  be  suitably  observed  in  the  public  schools. 
The  Commissioner  of  Education  shall  from  time  to  time 
prepare  and  issue  to  schools  such  circulars  of  information, 
advice  and  instruction  with  reference  to  the  day  as  he  may 
deem  necessary. 

285.  (1.)  For  the  purpose  of  encouraging  the  planting 
of  shade  and  forest  trees,  the  second  Friday  of  April  in 
each  year  is  hereby  designated  as  a  day  for  the  general 
observance  of  such  purpose,  and  to  be  known  as  Arbor 
Day. 

286.  (2.)  On  said  day  appropriate  exercises  shall  be 
introduced  in  all  the  schools  of  the  State,  and  it  shall  be 
the  duty  of  the  several  county  and  city  superintendents 


SCHOOL  LAW.  141 

to  prepare  a   program   of  exercises   for  that   day   in   all 
the  schools  under  their  respective  jurisdiction. 

287.  (2^6.)   In  all  public  schools  there  shall  be  held  on    Patriotic 
the    last    school    day    preceding    the    following    holidays,    p.  '-   i'J03, 

.  .  .  Slirciul 

namely,  Lincoln's  Birthday,  Washington's  Birthday,  Dcco-    session, 
ration  or  Memorial  Day  and  Thanksgiving  Day,   and  on 
such   other   patriotic   holidays   as   shall   be   established   by 
law,   appropriate    exercises    for    the    development    of    a 
higher  spirit  of  patriotism. 

288.  (i.)    It   shall  be  the  duty  of  the  principals  and  "],l,8P7aftncfn0' 
teachers  in  the  public  schools  of  this  State  to  make  suita-  sfhor"l8"1907 
ble  arrangements  for  the  celebration,  by  appropriate  exer-  cnap.  84. 
cises  among  the  pupils  in  said  schools,  on  the  fourteenth 

day  of  June,  in  each  year,  as  the  day  of  the  adoption  of 
the  American  flag  by  the  Continental  Congress. 

289.  (2?7.)    Whenever   an   execution    shall    be   issued    Payment  of 

_  judgments 

against  the  Board  of  Education  of  a  school  district  or  of    apainst  a 

,  m  m  sdinol 

a  union-graded   school   by  any  court  authorized   to   issue    district. 

1  ■      1  ,      r  p-  !"    ,no3- 

the   same,  upon   a   judgment   recovered   either   before   or    spec-tai 

1  1  i*      1  •  session. 

subsequent  to  the  passage  of  this  act,  and  there  shall  be 
found  no  property  belonging  to  said  school  district  or 
union-graded  school  sufficient  to  satisfy  the  same  liable 
to  be  levied  on,  then  the  officers  authorized  to  execute 
such  process  shall  serve  a  certified  copy  of  said  execution 
upon  the  assessor  or  assessors  of  the  taxing  district  or 
districts  in  which  said  school  district  or  union-graded 
school  shall  be  situate,  and  also  upon  the  collector  or  col- 
lectors of  such  taxing  district  or  districts.  Upon  receipt  Assessment. 
of  such  copy  or  copies  such  assessor  or  assessors  shall,  at 
the  time  of  the  next  regular  assessment  of  school  taxes, 
assess  upon  the  inhabitants  of  said  school  district  and 
their  estates,  and  upon  the  taxable  property  therein,  in 
addition  to  the  regular  school  taxes,  the  amount  due 
upon  said  execution,  with  interest  thereon  to  the  time 
when  the  same  shall  be  paid  to  the  officer  serving  such 
process  and  the  collector  or  collectors  shall  levy  and 
collect  the  same,  and  said  amount,  when  collected,  shall 
be  a  separate  fund,  and  shall  be  paid  over  by  said  collec- 
tor to  the  officer  who  shall  have  served  said  process. 


142 


SCHOOL  LAW. 


School   census 
in   districts. 
P.    L.    1907, 
Chap.    118. 


Proviso. 


Enumeration. 


School   year. 
P.   L.   1903, 
Special 
session. 

Money 
specifically 
appropriated. 
Ibid. 


•■Article" 

defined. 

Ibid. 


Continuance 
of    present 
officials. 
Ibid. 


290.  (i.)  The  Board  of  Education  of  any  school  dis- 
trict may  cause  to  be  taken  an  exact  census  of  all  children 
residing  in  such  district  between  the  ages  of  five  and 
eighteen  years,  including  such  other  information  as  said 
board  may  deem  necessary  or  proper;  provided,  that 
such  census  shall  not  be  taken  more  often  than  once  in 
five  years,  and  shall  not  be  taken  in  any  year  in  which  a 
Uniter  States  or  a  state  census  shall  be  taken.  The 
Board  of  Education  of  the  school  district  may  appoint 
as  many  suitable  persons  as  may  be  necessary  to  act  as 
enumerators  in  taking  the  said  census,  and  may  fix  the 
compensation  to  be  paid  to  said  enumerators,  not  exceed- 
ing four  cents  for  each  name  in  said  census,  which  com- 
pensation shall  be  paid  as  a  current  expense  of  the  dis- 
trict. 

291.  (238.)  The  school  year  shall  begin  on  the  first  day 
of  July  and  end  on  the  thirtieth  day  of  June. 

292.  (239.)  No  money  shall  be  paid  from  the  State 
treasury  for  any  purpose  named  in  this  act  unless  an 
appropriation  therefor  shall  have  been  made  by  the  Legis- 
lature in  the  annual  appropriation  act. 

293.  (240.)  Whenever  in  this  act  the  word  "article"  is 
used,  it  shall  be  construed  as  referring  to  the  caption 
under  which  it  is  used. 

294.  (242.)  The  Commissioner  of  Education,  the 
County  and  City  Superintendents  of  Schools,  the  members 
of  the  Boards  of  Education  who  are  residents  of  the  ter- 
ritory contained  in  the  several  school  districts,  as  said 
districts  are  constituted  by  this  act,  and  who  are  now 
acting  as  such,  Secretaries  of  Boards  of  Education,  jani- 
tors and  other  employes  of  the  several  Boards  of  Edu- 
cation of  the  several  school  districts,  shall  continue  to 
serve  for  the  full  term  for  which  they  were  severally 
elected  or  appointed,  as  though  they  had  been  elected  or 
appointed  under  any  of  the  provisions  of  this  act,  except 
as  in  this  act  otherwise  provided,  and  all  certificates  to 
teach  heretofore  issued,  and  now  in  force  in  this  State, 
shall  be  valid  according  to  their  terms  and  for  the  periods 
for  which  they  have  been  severally  granted. 


SCHOOL  LAW. 


143 


of    Article 

VI. 

Ibid. 


295.  (243.)  The  acceptance  of  the  provisions  of  this  l™*™^™ ' 
act  contained  in  Article  VI.  relating  to  Boards  of  Educa- 
tion in  city  school  districts  shall  be  submitted  to  the  quali- 
fied voters  of  any  town,  township  or  borough  at  a  gene- 
ral or  municipal  election  to  be  held  therein,  whenever  the 
town  council,  township  committee  or  other  governing 
bodv  of  such  municipality,  or  the  Board  of  Education 
of  the  school  district  situate  in  such  municipality,  shall 
have,  by  resolution,  directed  that  such  question  shall  be 
so  submitted.  The  question  to  be  submitted  shall  be  for 
or  against  the  adoption  of  the  provisions  of  Article  VI. 
of  an  act  entitled  "An  act  to  establish  a  thorough  and 
efficient  system  of  free  public  schools  and  to  provide  for 
the  maintenance,  support  and  management  thereof,"  ap- 
proved   (insert  herein  the  date  when  this  act  shall 

be  approved),  and  if  a  majority  of  the  votes  cast  upon 
said  question  shall  be  for  the  adoption  of  the  provisions 
of  said  article,  the  school  district  in  such  municipality 
shall  thereafter  in  all  respects  be  governed  by  the  pro- 
visions of  Article  VI.  relating  to  city  school  districts,  and 
the  Board  of  Education  therein  shall  have  all  the  powers 
and  duties  given  and  imposed  by  the  several  provisions 
of  said  article. 

296.  (244.)  The  acceptance  of  the  provisions  of  this 
act  contained  in  Article  VII.  relating  to  Boards  of  Edu- 
cation in  township,  incorporated  town  and  borough  school  ibid. 
districts,  shall  be  submitted  to  the  qualified  voters  of  any 
city  at  a  general  or  municipal  election  to  be  held  therein, 
whenever  the  common  council  or  other  governing  body 
of  such  city  or  the  Board  of  Education  of  the  school  dis- 
trict situate  in  such  city,  shall  have,  by  resolution,  directed 
that  such  question  shall  be  so  submitted.  The  question  to 
be  submitted  shall  be  for  or  against  the  adoption  of  the 
provisions  of  Article  VII.,  of  an  act  entitled  "An  act 
to  establish  a  thorough  and  efficient  system  of  free  public 
schools  and  to  provide  for  the  maintenance,  support  and 

management  thereof,"  approved (insert  herein  the 

date  when  this  act  shall  be  approved),  and  if  a  majority 
of  the  votes  cast  upon  said  question  shall  be  for  the  adop- 
tion of  the  provisions  of  said  article,  the  school  district  in 


Ref  erpnrtiim , 
acceptance 
of    Article 


144 


SCHOOL  LAW. 


Validity  of 
this    act. 
Ibid. 


Gnvprnmont 
of    schools. 
Ibid. 


Proviso. 


Bonds,    regis- 
tered or 
rou pon. 
T.    L.    HMO, 
Chap.    214. 


School    district 
may   r<-11 
honds    to    trus- 
tees   for    sup- 
port   of    public 
schools. 
Ibid. 


Proviso. 


such  city  shall  thereafter  in  all  respects  be  governed  by 
the  provisions  of  Article  VII.  relating  to  township,  in- 
corporated town  and  borough  school  districts,  and  the 
Board  of  Education  therein  shall  have  all  the  powers  and 
duties  given  and  imposed  by  the  several  provisions  of 
said  article. 

297.  (245-)  In  case  for  any  reason  any  section  or  any 
provision  of  this  act  shall  be  questioned  in  any  court,  and 
shall  be  held  to  be  unconstitutional  or  invalid,  the  same 
shall  not  be  held  to  affect  any  other  section  or  provision 
of  this  act. 

298.  (246.)  All  school  districts  shall  hereafter  be  gov- 
erned solely  by  the  provisions  of  this  act,  and  all  acts  and 
parts  of  acts,  general,  special  or  local,  so  far  as  they  are 
inconsistent  with  the  provisions  of  this  act,  are  hereby 
repealed ;  provided,  that  this  repealer  shall  not  revive 
any  act  heretofore  repealed. 

299.  (1.)  All  bonds  issued  pursuant  to  the  provisions 
of  an  act  of  the  Legislature  entitled  "An  act  to  establish 
a  thorough  and  efficient  system  of  free  public  schools, 
and  to  provide  for  the  maintenance,  support  and  manage- 
ment thereof,"  approved  October  nineteenth,  one  thousand 
nine  hundred  and  three,  may  be  registered  or  coupon,  or 
both,  as  the  governing  body  or  board  issuing  the  same 
shall  determine. 

300.  (3-)  It  shall  be  lawful  for  the  trustees  or  Board 
of  Education  of  any  school  district  in  this  State  to  nego- 
tiate with  the  Trustees  for  the  Support  of  Public  Schools 
in  this  State  for  the  purchase  by  them  of  any  bonds  to 
be  issued  by  their  respective  school  districts  for  school 
purposes  without  first  advertising  for  bids  for  such 
bonds;  and  if  said  trustees  or  Board  of  Education  can 
agree  with  the  said  Trustees  for  the  Support  of  Public 
Schools  upon  the  rate  of  interest  to  be  paid  on  said 
bonds,  to  issue  such  bonds  and  sell  and  deliver  the  same 
to  the  said  Trustees  for  the  Support  of  Public  Schools 
without  advertisement  therefor  or  for  the  sale  thereof; 
provided,  the  sale  price  of  such  bonds  shall  never  be  less 
than  par,  nor  the  rate  of  interest  in  excess  of  five  per 
centum. 


SCHOOL  LAW. 


145 


301.  (1.)  No  school  bonds  shall  be  sold  at  private  sale 
to  persons  other  than  the  Trustees  of  the  School  Fund 
or  to  the  Sinking  Fund  Commissioners  for  the  Support 
of  Public  Schools,  unless  such  Trustees  or  Sinking  Fund 
Commissioners  have  refused  to  buy  them.  No  school 
bonds  shall  be  signed,  sealed  or  delivered  except  within 
this  State.  No  school  bonds  shall  be  delivered  to  any 
purchaser  other  than  the  Trustees  for  the  Support  of  Pub- 
lic Schools  except  upon  payment  within  the  State  in  cash 
or  by  certified  check  drawn  to  the  order  of  the  Custodian 
of  School  Moneys  for  the  full  purchase  price. 

302.  (i-)  Every  school  district  heretofore  organized 
and  formed  in  any  town,  township  or  borough,  and  now 
acting  under  the  provisions  of  Article  VI.  of  an  act  en- 
titled "An  act  to  establish  a  thorough  and  efficient  sys- 
tem of  free  public  schools,  and  to  provide  for  the  main- 
tenance, support  and  management  thereof,"  approved  Oc- 
tober nineteenth,  one  thousand  nine  hundred  and  three, 
shall  be  deemed  and  held  to  be  organized  and  existing 
under,  and  in  all  respects  governed  by,  the  provisions  of 
said  article,  notwithstanding  such  school  district  may  have 
been  established  and  organized  under  an  act  of  the  Legis- 
lature of  the  State  of  New  Jersey  heretofore  declared  by 
the  courts  to  be  unconstitutional. 

303.  (2.)  All  statements,  resolutions,  certificates  and 
acts  and  things  made,  adopted  and  done  in  good  faith  by 
the  Board  of  Education,  the  Board  of  School  Estimate 
and  other  municipal  bodies,  in  any  such  school  district  or 
municipality,  according  to  the  provisions  of  said  act  of 
1903,  are  hereby  ratified,  confirmed  and  validated. 

304.  (3-)  All  appropriations  of  money  by  any  munici- 
pal body  in  any  such  school  district  made  according  to 
said  act  of  1903,  and  all  school  bends  issued  or  authorized 
to  be  issued  in  any  such  municipality  for  the  purpose  of 
borrowing  moneys  so  appropriated,  are  hereby  ratified, 
validated  and  confirmed ;  provided,  however,  that  such 
bonds  were  issued  or  authorized  to  be  issued  for  money 
actually  and  in  good  faith  loaned  to  such  municipality 
for  school  purposes  and  paid  to  the  custodian  of  school 
moneys   for  such   school   district ;   and  provided  further, 


Piil*'   of   school 

lliihclS. 

P.    L.    1911, 

Chap.    235. 


Artlclo   VI   of 
school    law 
applies  to  all 
school 
districts. 
V.    L.    1909, 
Chap.    186. 


All   act*,    etc., 
Yii  Diluted. 
Ibid. 


Appropria- 
tions   vali- 
dated. 
Ibid. 


TroTiso. 


Proviso. 


146 


SCHOOL  LAW. 


Use   of   ar- 
mories   by 
school 
children. 
P.    L.    1909, 
Chap.    93. 


Residence    of 
members. 
P.    L.    1910, 
Chap.    218. 


Attendance 
at  Pnriiuui 
School. 
P.    I..    1910, 
Chap.  61. 


Amount  to 
be   paid   by 
gchool 
district. 


Common 
drinking     cup 
prohibited. 
P.    L.    1911, 
Chap.     171. 


that  the  total  amount  of  school  bonds  so  issued  or  author- 
ized to  be  issued  was  not  in  excess  of  the  limitation  placed 
upon  such  issue  by  said  act  of  1903,  and  the  supplements 
thereto  and  amendments  thereof. 

3C5.  (1.)  It  shall  be  lawful  for  the  commanding  officer 
of  the  regiment  having  use  of  any  armory,  at  his  dis- 
cretion, subject  to  the  approval  of  the  Military  Board, 
to  permit  such  armory  to  be  used  for  athletic  purposes 
by  the  pupils  of  the  schools  of  this  State  unon  the  app'i- 
cation  of  the  principal  of  the  school,  subject  to  such 
regulations  as  may  be  prescribed  by  said  commanding 
officer. 

306.  (i-)  In  all  cities  in  this  State  having  a  Board  of 
Education  the  members  of  which  now  are  or  hereafter 
shall  be  appointed  by  the  mayor  of  such  city,  it  shall  and 
may  be  lawful  for  the  said  mayor  to  appoint  as  a  mem- 
ber of  said  Board  of  Education  any  resident  of  said  city 
duly  qualified  to  serve  thereon,  without  regard  to  the 
place  of  residence  in  such  city  of  the  person  so  ?ppointed. 

307.  (i-)  Any  child  who  shall  have  completed  the 
course  of  study  pursued  in  the  schools  in  the  district  in 
which  he  or  she  shall  reside  may,  with  the  consent  of  the 
Board  of  Education  of  said  district  and  the  board  hav- 
ing the  control  and  management  of  the  Farnum  Pre- 
paratory School,  be  admitted  to  said  school.  Said  boards 
shall  determine  the  amount  to  be  paid  for  the  education  of 
such  child,  and  the  Board  of  Education  of  the  district 
in  which  such  child  shall  reside  shall  issue  an  order  for 
said  amount,  signed  by  the  president  and  district  clerk  or 
secretary  of  the  Board  of  Education,  in  favor  of  the 
custodian  of  the  school  moneys  of  said  school,  which 
order  shall  be  paid  by  the  Custodian  of  the  school  moneys 
of  the  district  in  which  such  child  resides  out  of  any 
moneys  in  his  hands  available  for  the  current  expenses  of 
said  district. 

303.  (1.)  The  use  of  the  common  drinking  cup.  an  un- 
doubted source  of  communication  of  infectious  diseases, 
is  hereby  prohibited  in  all  public  places  within  this  Com- 
monwealth, and  the  State  Board  of  Health  shall  have  full 
authority  to  establish   such   reasonable   rules  and    regula- 


SCHOOL  LAW. 


147 


tions  to  make  this  prohibition  effective  as  in  their  judg- 
ment seems  wise  and  proper. 

309.  (2.)  Whoever  fails  to  observe  the  provisions  of 
this  act,  or  the  rules  and  regulations  of  the  State  Board 
of  Health  made  in  relation  thereto,  shall  be  deemed  guilty 
of  a  misdemeanor  and  be  liable  to  a  fine  not  exceeding 
twenty-five  dollars  for  each  offense. 

310.  (1.)  The  provisions  of  an  act  entitled  "An  act 
regulating  the  employment,  tenure  and  discharge  of  cer- 
tain officers  and  employes  of  this  State  and  of  the  various 
counties  and  municipalities  thereof,  and  providing  for 
a  Civil  Service  Commission,  and  defining  its  powers  and 
duties,"  approved  April  tenth,  one  thousand  nine  hun- 
dred and  eight,  are  hereby  extended  and  shall  hereafter  be 
construed  to  apply  to  all  school  districts  of  this  State, 
as  fully  and  completely  as  though  the  same  had  been  in- 
cluded in  the  title  and  body  of  said  act ;  provided,  how- 
ever, that  the  said  act  shall  not  become  effective  in  any 
school  district  of  the  State  until  the  same  shall  have  been 
adopted  by  the  vote  of  the  qualified  voters  of  such  school 
district,  in  the  manner  provided  by  the  thirty-first  section 
of  said  act. 

311.  (1.)  The  services  of  all  truant  officers  of  the  pub- 
lic schools  in  any  school  district  in  any  city  of  this  State 
shall  be  during  good  behavior  and  efficiency,  after  the 
expiration  of  a  period  of  employment  of  one  year  in 
said  school  district;  provided,  that  the  time  any  truant 
officer  has  served  in  the  district  in  which  he  or  she  is 
employed  at  the  time  this  act  shall  go  into  effect,  shall 
be  counted  in  determining  such  period  of  employment. 

312.  (2.)  No  truant  officer  shall  be  dismissed  or  sub- 
jected to  reduction  of  salary  except  for  inefficiency,  con- 
duct unbecoming  an  officer  or  other  just  cause,  and  after 
a  written  charge  of  the  cause  or  causes  shall  have  been 
preferred  against  him  or  her,  signed  by  the  person  or 
persons  making  the  same,  and  filed  with  the  secretary 
or  clerk  of  the  Board  of  Education  of  the  school  dis- 
trict in  which  he  or  she  is  employed,  and  after  the  charge 
shall  have  been  examined  into  and  found  true  in  fact  by 
the  said  Board  of  Education,  upon  reasonable  notice  to  the 


Penalty. 
Ibid. 


Civil  service 
applied    to 
soIkioI   dis- 
tricts. 

P.    L.    1911, 
Chap.    346. 


Proviso. 


Tenure    of 
truant    officers 
in   cities. 
P.    L.    1911, 
Chap.    275. 


No  dismissal 
except    on 
charpes   and 
hearing. 
Ibid. 


148 


SCHOOL  LAW. 


Rales    for 
employment 
of    janitors. 
P.    L.    1911. 
Cbap.    44. 


Removal 
of   janitor. 
Ibid. 


Hearing. 


Distribution 
of   State 
railroad    tax 
for   school 
purposes. 
P.    L.    1913, 
Cbap.    341. 


Apportionment 
by    State 
Comptroller. 


person  charged,  who  may  be  represented  by  counsel  at 
the  hearing. 

313.  (i.)  In  every  municipality  or  school  district  of 
this  State  the  Board  of  Education  shall  make  such  proper 
rules  and  regulations  as  may  be  necessary  for  the  em- 
ployment, discharge,  management  and  control  of  the  pub- 
lic school  janitors  employed  by  such  board  not  inconsist- 
ent with  the  provisions  of  this  act. 

314.  (2.)  No  public  school  janitor  in  any  municipality 
or  school  district  shall  be  discharged,  dismissed  or  sus- 
pended, nor  shall  his  pay  or  compensation  be  decreased, 
except  upon  sworn  complaint  for  cause,  and  upon  a  hear- 
ing had  before  such  board.  Upon  the  filing  of  such 
sworn  complaint,  a  copy  thereof,  certified  by  the  secre- 
tary or  clerk  as  a  true  copy,  shall  be  served  upon  such 
person  at  least  five  days  before  the  hearing,  and  at  such 
hearing  such  janitor  shall  have  the  right  to  be  represented 
by  counsel.  If  upon  such  hearing  it  shall  appear  that 
the  person  charged  is  guilty  of  the  neglect,  misbehavior  or 
other  offense  set  forth  in  said  complaint,  then  said  board 
may  discharge,  dismiss  or  suspend  such  janitor  or  reduce 
his  pay  or  compensation,  but  not  otherwise. 

RAILROAD   TAX    FOR    SCHOOLS. 

315.  (i.)  The  tax  assessed  in  each  year  by  virtue  of  the 
provisions  of  subdivisions  one,  three  and  four  of  section 
three  of  an  act  entitled  "An  act  to  revise  and  amend 
'An  act  for  the  taxation  of  railroad  and  canal  property,' 
approved  April  tenth,  one  thousand  eight  hundred  and 
eighty-four,"  which  act  was  approved  March  twenty- 
seventh,  one  thousand  eight  hundred  and  eighty-eight, 
and  the  amendments  thereof  and  supplements  thereto, 
after  deducting  therefrom  a  sum  equal  to  one-half  of  one 
per  centum  of  the  total  valuation  of  the  property  on 
which  said  tax  has  been  or  shall  be  assessed,  and  such 
other  sum  or  sums  as  said  Comptroller  had  been  or 
hereafter  shall  be  directed  to  deduct  therefrom  by  any 
law  of  this  State,  shall  be  devoted  to  the  maintenance  and 
support  of  a  thorough  and  efficient  system  of  free  public 
schools,  and  shall  be  apportioned  annually,  on  or  before 


SCHOOL  LAW.  149 

the  first  day  of  March,  among  the  several  counties  by 
the  State  Comptroller  in  proportion  to  the  amount  of 
taxable  property,  real  and  personal,  of  said  counties,  re- 
spectively, as  shown  by  the  last  abstract  of  ratables  from 
the  several  counties  made  out  by  the  several  boards  of 
assessors  and  filed  in  the  office  of  said  Comptroller.  On  Tlme  ot  pay. 
the  first  day  of  September  next  succeeding  any  such  ap-  Mh"ou!° 
portionment,  the  State  Comptroller  shall  draw  his  war- 
rant on  the  State  Treasurer,  in  favor  of  the  county  col- 
lector of  each  county  for  the  portion  of  said  moneys  then 
in  the  hands  of  the  State  Treasurer  to  which  said  county 
shall  be  entitled  under  the  provisions  of  this  act ;  and 
thereafter,  in  the  event  that  any  money  shall  be  received 
into  the  treasury  of  this  State  for  the  purpose  of  pay- 
ment under  the  provisions  of  this  act,  and  such  sum  shall 
be  not  less  than  ten  thousand  dollars,  the  same  shall  be 
distributed  among  the  several  counties  in  the  same  man- 
ner as  other  moneys  are  distributed  under  the  provisions 
of  this  act.  The  money  apportioned  to  any  county  by  Apportionment 
virtue  of  the  provisions  of  this  act  shall  be  apportioned  by  superintend- 
^he  county  superintendent  of  schools  of  such  county 
among  the  several  school  districts  therein  at  the  same 
time  and  in  the  same  manner  as  other  moneys  shall  be 
apportioned  by  him.  If  in  any  year  after  the  distribution 
of  said  tax  among  the  several  counties  as  is  herein  pro- 
vided, the  amount  of  said  tax  shall  be  reduced  by  order 
of  any  court  of  this  State,  and  by  reason  of  such  reduc- 
tion there  shall  have  been  paid  from  the  treasury  of  this 
State  a  sum  in  excess  of  the  amount  finally  determined  as 
available  for  such  distribution  during  such  year,  the 
Comptroller  of  the  Treasury  and  the  State  Treasurer, 
their  respective  heirs,  executors,  administrators  and 
assigns  and  the  bond  or  bonds  given  by  said  Comptroller 
and  Treasurer  for  the  faithful  performance  of  their 
duties  shall  not  be  held  liable  for  any  sum  paid  from  the 
treasury  of  this  State  under  the  provisions  of  this  act  in 
excess  of  the  amount  finally  determined  as  aforesaid,  but 
said  Comptroller,  prior  to  making  the  then  next  annual 
apportionment  as  provided  in  this  section  shall  deduct 
from  the  amount  to  be  apportioned  the  sum  paid  from 


*5o 


SCHOOL  LAW. 


Payment 

by    railroads. 
Ibid. 


Comptroller 
to  deduct 
from    school 
fund  amount 
appropriated 
for    certain 
educational 
purposes. 
P.    L.    1900, 
Chap.    63. 


the  treasury  of  this  State  in  excess  of  the  amount  which 
was  finally  determined  as  available  for  distribution  under 
the  provisions  of  this  act,  and  the  sum  so  deducted  shall 
become  a  part  of  the  general  moneys  of  the  State  treasury. 

316.  (2.)  In  case  any  railroad  company  shall  sue  out 
a  writ  of  certiorari  to  review  any  tax  paid  into  the  treasury 
of  this  State,  a  portion  of  which  shall  constitute  the  fund 
to  be  distributed  in  accordance  with  the  provisions  of  this 
act,  the  amount  of  such  taxes  so  sought  to  be  reviewed 
by  certiorari  shall  not  be  distributed  as  directed  in  this 
act,  but  shall  be  retained  in  the  treasury  of  this  State, 
unless  the^  railroad  company  so  paying  shall  deliver  to  the 
State  Treasurer  a  certificate  setting  forth  the  amount 
which  the  said  railroad  company  concedes  to  be  due  to 
the  State  of  New  Jersey,  in  which  event  the  sum  so  con- 
ceded to  be  due  to  the  State  of  New  Jersey  shall  be  in- 
cluded in  the  gross  sum  to  be  distributed  as  in  this  act 
provided.  Such  portion  of  the  amount  retained  as  afore- 
said as  shall  finally  be  determined  to  be  due  to  the  State 
of  New  Jersey  shall  be  distributed  in  the  manner  pro- 
vided in  section  one  of  this  act. 

317.  (i.)  The  State  Comptroller,  prior  to  the  appor- 
tionment, on  or  before  the  first  day  of  February,  among 
the  several  counties  of  the  State,  of  the  fund  devoted 
to  the  maintenance  and  support  of  a  thorough  and  effi- 
cient system  of  free  public  schools,  as  provided  in  and  by 
an  act  entitled  "A  supplement  to  an  act  entitled  'An  act 
to  establish  a  thorough  and  efficient  system  of  free  public 
schools,  and  to  provide  for  the  maintenance,  support  and 
management  thereof,'  approved  October  nineteenth,  one 
thousand  nine  hundred  and  three,"  approved  April 
twentieth,  one  thousand  nine  hundred  and  six,  shall  deduct 
from  the  sum  so  to  be  apportioned  as  aforesaid  the  sum 
appropriated  annually  for  the  purposes  herein  specified, 
to  wit: 

State  Normal  School  at  Trenton, 

State  students  at  Rutgers  (scholarships), 

New  Jersey  School  for  the  Deaf, 

County  Superintendents, 

State  Normal  School  at  Montclair  Heights, 


SCHOOL  LAW. 


151 


IThp    of    money 
deducted. 


payment 

liy     stutp. 
V.    L.    1011, 

Chap.    237. 


Manual  Training  Industrial  School  for  Colored  Youth, 

Evening  schools  for  foreign-born  residents, 

Commissioner  of  Education, 
which  said  moneys  shall  be  retained  in  the  treasury  of 
the  State  for  the  payment  of  the  appropriations  to  be 
made  for  the  several  purposes  indicated,  instead  of  the 
payment  thereof  from  the  general  moneys  in  the  State 
treasury,  as  heretofore. 

318.  (1.)  The  State  Comptroller  is  hereby  empowered  -rime  of 
and  directed  to  make  distribution  of  the  moneys  assessed, 
levied  and  collected  for  the  year  one  thousand  nine  hun- 
dred and  eleven,  as  provided  in  and  by  an  act  entitled 
"A  supplement  to  an  act  entitled  'An  act  to  establish  a 
thorough  and  efficient  system  of  free  public  schools,  and 
to  provide  foi  die  maintenance,  support  and  management 
thereof,  approved  October  nineteenth,  one  thousand  nine 
hundred  and  three,'  approved  April  twentieth,  one  thou- 
sand nine  hundred  and  six,"  as  follows :  On  the  first  day 
of  September,  one  thousand  nine  hundred  and  eleven,  such 
part  of  said  moneys  as  has  been  collected  and  on  the 
twenty-fifth  day  of  October  of  said  year,  the  balance  col- 
lected to  that  date.  The  Comptroller  shall  annually,  here- 
after, make  a  similar  distribution  of  all  such  moneys  col- 
lected and  which  are  distributed  under  said  act,  on  the 
first  day  of  September  and  on  the  twenty-fifth  day  of 
October,  respectively,  of  the  year  next  succeeding  the 
year  of  their  assessment. 

319.  (2.)  If,  hereafter,  on  the  twenty-fifth  day  of 
October,  in  any  year,  any  part  of  the  taxes  apportioned 
on  the  first  day  of  February  of  the  previous  year,  as  pro- 
vided in  the  act  to  which  this  is  a  supplement,  shall  not 
have  been  paid  into  the  State  Treasury,  the  State  Comp- 
troller shall  cause  the  part  of  said  taxes  which  shall  not 
have  been  paid  in  by  said  twenty-fifth  day  of  October  to 
be  distributed  as  and  when  collected,  unless  the  amounts 
received  are  less  than  five  thousand  dollars,  in  which 
event  he  shall  not  make  a  distribution  until  the  payments 
aggregate  five  thousand  dollars. 

320.  (3-)  All  moneys  paid  in  accordance  with  this  act 
shall  be  held  by  the  official  to  whom   paid  in   trust   for 


Paympnt  In 
Installments. 
Ibid. 


Custody    and 
use    of    funds. 
P.    L.    3900, 
Chap.    63. 


152 


SCHOOL  LAW. 


ProTlso; 
Right    to 
burrow    In 
anticipation 
of    taxes. 


Duty    of 
state 

comptroller. 
Ibid. 


the  support  and  maintenance  of  the  free  public  school 
of  the  school  district  to  which  apportioned  and  paid. 
No  part  thereof  shall  be  used  to  pay  or  discharge,  in 
whole  or  in  part,  any  note  or  other  obligation  heretofore 
incurred,  or  any  bonds,  whether  temporary  or  for  a  term 
of  years,  heretofore  issued  by  such  municipality,  or  by  any 
Board  of  Education  of  any  municipality,  nor  shall  any 
part  of  the  funds  hereby  authorized  to  be  paid  be  used 
for  any  other  purpose  than  for  the  support  and  main- 
tenance of  the  free  public  schools  of  such  municipality 
or  school  district;  provided,  however,  that  it  shall  be  law- 
ful for  the  municipality  or  Board  of  Education  of  any 
school  district  to  borrow  by  temporary  loan,  in  anticipation 
of  the  receipt  of  any  moneys  which  may  be  distributed 
under  this  act,  or  the  act  to  which  this  act  is  a  supple- 
ment, to  the  extent  of  not  exceeding  eighty  per  cent,  of 
the  amount  of  moneys  which  may  be  apportioned  to  such 
school  district  under  the  distribution  herein  provided  for; 
such  temporary  obligations,  if  any,  to  be  first  paid  from 
the  moneys  received  under  this  act,  before  any  other  dis- 
position of  such  money  shall  be  made.  Any  person,  or 
the  members  of  any  board,  violating  this  act  shall  be  guilty 
of  a  misdemeanor,   (a) 

321.  (4-)  The  State  Comptroller  shall,  on  the  date  and 
at  the  time  named  in  this  act,  draw  his  warrant  upon  the 
State  Treasurer  in  favor  of  the  county  collector  of  each 
county  for  the  amount  due  to  each  county  of  the  appor- 
tionment, made  to  the  several  counties,  at  the  times  and 
in  the  manner  provided  by  this  act  and  the  act  to  which 
this  act  is  a  supplement. 


VOCATIONAL   SCHOOLS. 


Definition   of 

terms. 

P.     L.    1913. 

Chap.    294. 


"Vocational 
education. " 


322.  (i-)  The  following  words  and  phrases  as  used  in 
this  act  shall,  unless  a  different  meaning  is  plainly  re- 
quired by  the  context,  have  the  following  meanings: 

(a)  "Vocational  education"  shall  mean  any  education 
the  controlling  purpose  of  which  is  to  fit  for  profitable 
employment. 


(a)   See  sections  62  and  97,  d-v.  XIV. 


SCHOOL  LAW. 


»53 


(b)  "Industrial  education"  shall  mean  that  form  of 
vocational  education  which  fits  for  the  trades,  crafts  and 
manufacturing  pursuits,  including  the  occupations  for 
girls  and  women  carried  on  in  work  shops. 

(c)  "Agricultural  education"  shall  mean  that  form  of 
vocational  education  which  fits  for  the  occupations  con- 
nected with  the  tillage  of  the  soil,  the  care  of  domestic 
animals,  forestry  and  other  wage-earning  or  productive 
work  on  the  farm  or  in  the  garden  or  greenhouse. 

(d)  "Household  arts  education"  shall  mean  that  form 
of  vocational  education  which  fits  for  occupations  con- 
nected with  the  household. 

(e)  "Industrial,  agricultural  or  household  arts  school" 
shall  mean  an  organization  of  courses,  pupils  and  teachers 
designed  to  give  industrial,  agricultural  or  household  arts 
education  either  as  a  separate  school  or  as  a  department 
of  a  school  maintained  in  the  district. 

(f)  "Evening  class"  in  an  industrial  or  agricultural 
school  shall  mean  a  class  giving  such  training  as  can  be 
taken  by  persons  above  the  age  of  sixteen  employed  dur- 
ing the  working  day,  and  which,  in  order  to  be  called 
vocational,  must,  in  its  instruction,  deal  with  the  subieet 
matter  of  the  day  employment,  and  so  carried  on  as  to 
relate  to  the  day  employment. 

(g)  "Evening  class"  in  a  household  arts  school  shall 
mean  a  class  giving  training  in  home-making  to  girls  and 
women  over  seventeen  years  of  age,  however  they  may 
be  employed  during  the  day. 

(h)  "Part-time  or  continuation  class"  in  an  industrial, 
agricultural  or  household  arts  school  shall  mean  a  voca- 
tional class  for  persons  giving  a  part  of  their  working 
time  to  profitable  employment  and  receiving  in  the  part- 
time  school  instruction  complementary  to  the  practical 
work  carried  on  in  such  employment. 

323.  (2.)  The  Commissioner  of  Education  shall  investi- 
gate the  necessity  for  the  introduction  of  industrial,  agricul- 
tural and  household  arts  education,  and  report  monthly 
to  the  State  Board  of  Education  and,  subject  to  the  ap- 
proval of  said  board  and  to  such  rules  and  regulations 
as  it  may  make,  superintend  the  establishment  and  main- 


"Tnrtustrtal 
ed  ucatlon." 


"Agricultural 
education. " 


"Household 

art*    educa 
Hon." 


"Industrial, 
agricultural 
or   household 
arts    school." 


"Evening 
class"   in  an 
industrial   or 
agricultural 
school. 


"Evening 
class"    In    a 
household 
arts    school. 


"Part-time  or 

continuation 

class." 


Commissioner 
of  Education 
to  investigate 
the  necessity 
for  vocational 
education. 
Ibid. 


154 


SCHOOL  LAW. 


Day   nnd 

evening 
classes. 
Ibid. 


Districts 
way   maintain 
vocational 
schools. 
Ibid. 


Dnion  voca- 
tional school 
districts. 


School  to  be 
approved    by 
Commissioner 
and    State 
Board    of 
Education. 
Ibid. 


Appropria- 
tions,   how 
made. 
Ibid. 


Appropriation 
by   state. 
Ibid. 


tenance  of  schools  for  the  aforesaid  forms  of  education 
and  supervise  and  approve  such  schools  as  hereinafter 
provided. 

324.  (3-)  In  order  that  instruction  in  the  principles  and 
practice  may  go  on  together,  industrial,  agricultural  and 
household  arts  schools  may  offer  instruction  in  day,  part- 
time  and  evening  classes. 

325.  (4-)  The  board  of  education  of  any  school  district 
may  establish  and  maintain  industrial,  agricultural  and 
household  arts  schools,  or  two  or  more  school  districts 
may,  as  provided  in  Article  XI  of  the  act  to  which  this 
act  is  a  supplement,  so  far  as  the  provisions  of  said  article 
are  not  inconsistent  with  the  provisions  of  this  act,  es- 
tablish and  maintain  such  schools.  The  board  of  educa- 
tion of  each  of  such  schools  established  under  the  pro- 
visions of  Article  XI  shall  be  a  body  corporate  and  shall 
be  known  as  and  called  "The  Board  of  Education  of  the 
Union    Vocational    School    of    the    School    District    of 

and ( here    insert 

the  names  of  the  districts)  in  the  County  of 

"  (here  insert  the  name  of  the  county  in 

which  the  school  shall  be  located.) 

326.  (5-)  Before  any  school  shall  be  established  as  here- 
inbefore provided,  the  location  and  rules  for  the  manage- 
ment of  such  school,  the  course  or  courses  of  study  to 
be  pursued  therein,  and  all  changes  in  said  courses  shall 
be  approved  by  the  Commissioner  of  Education,  subject  to 
the  advice  and  consent  of  the  State  Board  of  Education. 

327.  (6.)  Moneys  for  the  purchase  of  land,  erection, 
repair  or  improvement  of  buildings  and  the  purchase  of 
furniture  and  equipment  for  the  use  of  any  such  school  and 
for  the  maintenance  and  support  thereof,  shall  be  ap- 
propriated in  the  same  manner  as  a  district  maintaining 
such  school  is  authorized  to  make  appropriations  for  the 
purchase  of  land,  erection,  repair  or  improvement  of 
buildings  and  the  purchase  of  furniture  and  equipment 
in  the  act  to  which  this  act  is  a  supplement. 

323.  (7-)  Whenever  any  school  shall  have  been  estab- 
lished as  hereinbefore  provided,  there  shall  be  paid  to  the 
custodian  of  schools  moneys  of  the  district  maintaining 


SCHOOL  LAW. 


155 


such  school,  on  the  order  of  the  commissioner,  an  amount 
equal  to  that  raised  in  said  district  for  the  establishment 
of  such  school,  exclusive  of  the  amount  appropriated  for 
the  purchase  of  land  or  the  erection  of  a  building,  which 
amount  shall  be  paid  by  the  State  Treasurer  on  the  war- 
rant of  the  State  Comptroller,  and  annually  thereafter 
there  shall  be  paid  in  like  manner  an  amount  equal  to  the 
amount  appropriated  by  the  district  for  the  current  ex- 
penses of  such  schools ;  provided,  that  the  moneys  con- 
tributed by  the  State  for  the  support  and  maintenance  of 
a  school  established  as  hereinbefore  provided,  shall  not 
exceed  in  any  one  year  the  sum  of  ten  thousand  dollars.    . 

329.  (8.)  There  may  be  established  and  maintained  in 
any  county  in  this  State  an  industrial,  agricultural  or 
household  arts  school,  to  be  known  as  the  "Vocational 

School  in  the  County  of "  (here  insert 

the  name  of  the  county  in  which  such  school  shall  be 
located).  The  State  Board  of  Education  shall  prescribe 
rules  and  regulations  for  the  organization,  management 
and  control  of  such  schools. 

330.  (9-)  The  location  of  every  county  vocational 
school,  the  course  or  courses  of  study  to  be  pursued 
therein,  and  all  changes  in  said  courses  shall  be  approved 
by  the  Commissioner  of  Education,  with  the  advice  and 
consent  of  the  State  Board  of  Education. 

331.  (10.)  For  each  county  vocational  school  there  shall 
be  a  board  of  education  consisting  of  the  county  super- 
intendent of  schools  of  the  county  in  which  such  school 
is  located  and  four  persons  to  be  appointed  by  the  judge 
of  the  Court  of  Common  Pleas  of  such  county.  In  mak- 
ing the  first  appointments  to  any  such  board  said  judge 
shall  appoint  one  person  to  serve  for  one  year,  one  per- 
son to  serve  for  two  years,  one  person  to  serve  for  three 
years  and  one  person  to  serve  for  four  years  from  the 
first  day  of  November  next  succeeding  the  date  of  their 
respective  appointments.  The  persons  so  appointed  shall 
also  serve  from  the  date  of  their  respective  appointments 
until  the  first  day  of  November  then  next  ensuing.  During 
the  month  of  October  in  each  year  said  Judge  shall  ap- 
point a  member  of  said  board  of  education  to  serve  for 


County 
vocational 

schools. 
Ibid. 


County   school 
to  lie  approved 
li.v    Commis- 
sioner and 
State    Board 
of    Education. 
Ibid. 


Board    of 

education 

of    county 

vocational 

school;    how 

appointed. 

Ibid. 


Terms    of 
office. 


l56 


SCHOOL  LAW. 


Vncaiit  y 


•  Jualificatlons 
of  members, 
[hid. 


Organization 
of  board. 
I  bid. 


Corporate 
title. 

Ibid. 


Powers    of 

board. 

Ibid. 


Ciindrmn 
land. 


the  term  of  four  years  to  take  the  place  of  that  member 
whose  term  shall  expire  on  the  first  day  of  November 
then  next  ensuing.  Any  vacancy  in  such  board  caused  by 
the  death,  resignation  or  removal  of  any  member  of 
such  board  appointed  as  aforesaid  shall  forthwith  be  re- 
ported by  the  secretary  of  said  board  to  said  judge,  who 
shall,  within  thirty  days  thereafter,  appoint  a  person  to 
fill  such  vacancy  for  the  unexpired  term. 

332.  (n-)  A  member  of  a  board  of  education  created 
under  the  provisions  of  this  act  shall  be  a  citizen  and 
resident  of  the  county  and  shall  have  been  such  citizen  and 
resident  for  at  least  three  years  immediately  preceding  his 
or  her  becoming  a  member  of  such  board. 

333.  (12.)  Each  board  of  education  for  a  county  voca- 
tional school  shall  organize  annually  on  the  first  day  of 
November  by  the  election  of  a  president  and  vice-presi- 
dent; provided,  that  if  the  first  day  of  November  shall 
fall  on  Sunday  such  board  shall  organize  on  the  following 
day. 

334.  (i3-)  The  board  or  body  having  the  control  and 
management  of  a  county  vocational  school  shall  be  a  body 
corporate,  and  shall  be  known  as  and  called  "The  Board 
of  Education  of  the  Vocational  School  in  the  County  of 

"  (here  insert  the  name  of  the 

county  in  which  such  school  shall  be  located.) 

335.  (T4~)  The  board  of  education  of  a  county  voca- 
tional school  shall  have  power : 

(I)  To  purchase,  sell  and  improve  school  grounds, 
erect,  lease,  enlarge,  improve  and  repair  school  buildings 
and  to  purchase  school  furniture  and  other  necessary 
equipment. 

(II)  To  take  and  condemn  land  and  other  property 
for  school  purposes  in  the  manner  provided  by  law  regu- 
lating the  ascertainment  and  payment  of  compensation  for 
property  condemned  and  taken  for  public  use.  If  either 
party  shall  feel  aggrieved  by  any  proceedings  and  award 
thereunder,  said  party  may  appeal  in  the  manner  pro- 
vided by  law  for  appeals  from  such  proceedings  and  award. 

(III)  To  insure  school  buildings,  furniture  and  other 
school  property,  and  to  receive,  lease  and  hold  in  trust 


SCHOOL  LAW. 


157 


any  and  all  real  and  personal  property  for  the  benefit  of 
such  school. 

(IV)  To  employ  and  dismiss  principals,  teachers,  jani- 
tors, mechanics  and  laborers;  fix,  alter  and  order  paid 
their  salaries  and  compensation,  and  prescribe  the  course 
of  study  to  be  pursued  in  the  school  under  its  charge. 

(V)  To  appoint  a  treasurer,  who  shall  not  be  a  mem- 
ber of  said  board  and  fix  his  salary  and  term  of  office. 
Said  treasurer  shall  give  bonds  in  such  amounts  and  with 
such  sureties  as  said  board  shall  determine. 

(VI)  To  make,  amend  and  repeal  rules,  regulations 
and  by-laws  not  inconsistent  with  this  act,  or  the  act  to 
which  this  act  is  a  supplement,  or  with  the  rules  and 
regulations  of  the  State  Board  of  Education,  for  its  own 
government,  for  the  transaction  of  business,  and  for  the 
government,  and  management  of  the  school  and  school 
property  under  its  control. 

(VII)  To  suspend  and  expel  pupils  from  the  school. 

(VIII)  To  provide  text-books  and  other  necessary  sup- 
plies and  apparatus. 

(IX)  To  adopt  an  official  seal  by  which  all  its  official 
acts  may  be  authenticated. 

(X)  To  make  an  annual  report  to  the  Commissioner 
of  Education  on  or  before  the  first  day  of  August  in  the 
manner  and  form  prescribed  by  him. 

(XI)  To  appoint  a  secretary  and  fix  his  salary  and 
term  of  office. 

336.  (T5-)  No  contract  shall  be  entered  into  by  the 
board  of  education  of  county  vocational  school,  nor  shall 
any  bill  or  demand  for  money  be  paid  until  the  same  shall 
have  been  presented,  duly  verified  by  affidavit,  and  passed 
on  at  a  regularly  called  meeting  of  the  board. 

337.  (16.)  Each  board  of  education  of  a  county  vo- 
cational school  shall,  prior  to  the  beginning  of  each  year, 
cause  advertisement  to  be  made  under  such  regulations 
as  it  may  provide,  for  proposals  for  furnishing  supplies  re- 
quired in  the  school  and  by  said  board  during  the  ensuing 
year.  If  other  and  further  supplies  shall  be  required  dur- 
ing the  year,  they  shall  be  purchased  in  like  manner.  No 
contract   shall  be   entered   into    for  the   erection   of   any 


Employ 
teachers,    etc. 


Appoint 
treasurer. 


Make    rules. 


Suspend 
pupils. 

Text-books. 


Seal. 


Report. 


Secretary. 


Affidavits 
to  bills. 
Ibid. 


Advertise 
for   supplies. 
Ibid. 


158 


SCHOOL  LAW. 


Proviso. 


Board   of 
estimate; 
how    consti- 
tuted. 
Ibid. 


Board    of 
education 
to   prepare 
budget. 
Ibid. 


Board   of 

estimate 

to   determine 

appropriations 

for    current 

expenses. 

Ibid. 


building  for  the  use  of  said  school,  or  for  enlarging  or 
repairing  a  building  already  erected,  except  after  advertise- 
ment made  under  such  regulations  as  said  board  may 
prescribe;  provided,  that  said  board  may  at  any  time 
order  repairs  to  buildings  to  an  amount  not  exceeding  five 
hundred  dollars,  and  may  authorize  the  purchase  of  sup- 
plies to  an  amount  not  exceeding  two  hundred  and  fifty 
dollars  without  advertisement.  Text-books  may  be  pur- 
chased without  advertisement.  No  tid  for  erecting  or 
repairing  buildings  or  for  supplies  shall  be  accepted  which 
does  not  conform  to  the  specifications  furnished  therefor, 
and  all  contracts  shall  be  awarded  to  the  lowest  responsible 
bidder. 

338.  (17O  The  board  of  school  estimate  of  a  county 
vocational  school  shall  be  constituted  of  two  members  of 
the  board  of  education  of  such  school,  appointed  by  it,  two 
members  of  the  board  of  chosen  freeholders  of  the  county 
in  which  such  school  is  situate,  appointed  by  said  board, 
and  the  judge  of  the  Court  of  Common  Pleas  of  said 
county.  Said  appointments  shall  be  made  annually  be- 
tween the  first  and  fifteenth  days  of  January.  In  case  of 
a  vacancy  occurring  in  such  board  by  reason  of  the  resig- 
nation, death  or  removal  of  any  member  thereof,  such 
vacancy  shall  immediately  be  filled  by  the  body  which 
originally  appointed  such  member,  by  appointing  another 
of  its  members  to  fill  such  vacancy.  The  secretary  of 
the  board  of  education  of  such  school  shall  be  the  secre- 
tary of  the  board  of  school  estimate,  but  shall  receive  no 
compensation  as  such. 

339.  (18.)  On  or  before  the  fifteenth  day  of  May  in 
each  year  the  board  of  education  of  a  county  vocational 
school  shall  prepare  and  deliver  to  each  member  of  the 
board  of  school  estimate  an  itemized  statement  of  the 
amount  of  money  estimated  to  be  necessary  for  the  cur- 
rent expenses  of  and  for  repairing  and  furnishing  such 
school  for  the  ensuing  school  year. 

340.  09)  Between  the  fifteenth  day  of  May  and  the 
first  day  of  June  in  each  year  said  board  of  school  estimate 
shall  fix  and  determine  the  amount  of  money  necessary 
to  be   appropriated   for   the   use   of    such   school    for   the 


SCHOOL  LAW. 


159 


Ibid. 


ensuing  school  year,  exclusive  of  the  amount  to  be  re- 
ceived from  the  State  as  hereinafter  provided.  Said  board 
of  school  estimate  shall,  on  or  before  the  last  named  date, 
make  two  certificates  of  said  amount,  signed  by  at  least 
three  of  the  members  of  said  board,  one  of  which  certifi- 
cates shall  be  delivered  to  the  board  of  education  of  said 
school  and  the  other  to  the  board  of  chosen  freeholders 
of  the  county  in  which  said  school  is  situate.  Said  board 
of  chosen  freeholders  shall,  upon  receipt  of  such  certifi- 
cate, appropriate,  in  the  same  manner  as  other  appro- 
priations are  made  by  it,  the  amount  so  certified  as  afore- 
said, and  said  amount  shall  be  assessed,  levied  and  col- 
lected in  the  same  manner  as  moneys  appropriated  for 
other  purposes  in  such  county  shall  be  assessed,  levied 
and  collected. 

341.  (20.)  Whenever  a  board  of  education  of  a  county  Appropriations 
vocational  school  shall  decide  that  it  is  necessary  to  raise  a„d  buildings, 
money  for  the  purchase  of  lands  for  school  purposes,  or 
for  erecting,  enlarging,  repairing  or  furnishing  a  building 
or  buildings  for  the  use  of  such  school,  it  shall  prepare 
and  deliver  to  each  member  of  the  board  of  school  esti- 
mate a  statement  of  the  amount  of  money  estimated  to 
be  necessary  for  such  purpose  or  purposes.  Said  board 
of  school  estimate  shall  fix  and  determine  the  amount 
necessary  for  such  purpose  or  purposes  and  shall  make 
two  certificates  of  such  amount,  one  of  which  certificates 
shall  be  delivered  to  said  board  of  education  and  the  other 
to  the  board  of  chosen  freeholders  of  the  county  in  which 
such  school  is  situate.  Said  board  of  chosen  freeholders 
may  appropriate  such  amount  as  other  appropriations  are 
made  by  it,  and  said  amount  shall  be  raised,  assessed, 
levied  and  collected  at  the  same  time  and  in  the  same  man- 
ner as  moneys  appropriated  for  other  purposes  in  such 
county  are  raised,  assessed,  levied  and  collected ;  or  said 
board  of  chosen  freeholders  may  appropriate  and  borrow 
such  amount  for  the  purpose  or  purposes  aforesaid,  and 
may  secure  the  repayment  of  the  sum  so  borrowed,  to- 
gether with  interest  thereon  at  a  rate  not  to  exceed  five 
per  centum  per  annum,  by  the  issue  of  bonds  in  the  cor- 
porate name  of  such  county.     Bonds  so  issued  shall  be 


Duty  of 
board  of 
estimate. 


Duty   of 
freeholders. 


Bonds. 


i6o 


SCHOOL  LAW. 


State  appro- 
priations. 
Ibid. 


I'rovtno 


School 

year. 

Ibid. 


designated  "county  vocational  school  bonds,"  may  be  reg- 
istered or  coupon  bonds,  or  both,  of  such  denominations 
as  the  board  of  chosen  freeholders  may  determine,  and 
shall  be  made  payable  in  not  more  than  thirty  years  from 
the  date  thereof.  Said  bonds  shall  be  sold  at  public  or 
private  sale,  but  not  for  less  than  par  and  accrued  interest, 
and  such  county  shall,  in  its  annual  tax  levy,  raise  money 
sufficient  to  pay  the  interest  on  said  bonds,  together  with 
at  least  one  per  centum  per  annum  of  the  principal  thereof 
to  provide  a  sinking  fund  for  the  retirement  of  said  bonds 
at  maturity,  or,  in  lieu  of  providing  a  sinking  fund  for  the 
retirement  of  said  bonds  at  maturity,  the  bonds  may  be 
so  issued  that  a  stated  equitable  amount  of  them  shall  be- 
come due  and  payable  in  each  year,  beginning  not  more 
than  ten  years  from  date  of  issue  and  ending  in  not  more 
than  thirty  years  from  such  date,  and  in  such  case  there 
shall  be  raised  by  tax  in  each  year  such  sum  of  money  as 
may  be  necessary  to  pay  the  interest  on  all  outstanding 
bonds  and  the  principal  of  such  bonds  as  may  mature  dur- 
ing that  year.  The  proceeds  of  the  sale  of  such  bonds 
shall  be  deposited  with  the  treasurer  of  the  county  voca- 
tional school  and  shall  be  paid  out  only  on  the  warrants 
or  orders  of  the  board  of  education  of  such  school. 

342.  (21.)  Whenever  any  county  vocational  school  shall 
have  been  established  as  hereinbefore  provided,  there  shall 
be  paid  to  the  treasurer  of  such  school,  on  the  order  of  the 
Commissioner  of  Education,  an  amount  equal  to  that 
raised  in  the  county  for  the  establishment  of  such  school 
exclusive  of  the  amount  appropriated  for  the  purchase  of 
land  or  the  erection  of  a  building,  which  amount  shall  be 
paid  by  the  State  Treasurer  on  the  warrant  of  the  State 
Comptroller,  and  annually  thereafter  there  shall  be  paid 
in  like  manner  an  amount  equal  to  the  amount  appropriated 
by  the  county  for  the  current  expenses  of  such  school; 
provided,  that  the  money  contributed  by  the  State  for  the 
support  and  maintenance  of  any  such  school  shall  not 
exceed  in  any  one  year  the  sum  of  ten  thousand  dollars. 

343.  (22.)  The  school  year  for  a  county  vocational 
school  shall  begin  on  the  first  day  of  November  and  end 
on  the  thirty-first  day  of  October. 


SCHOOL  LAW. 


161 


344.  (23.)  The  State  Comptroller,  prior  to  the  appor-    *5*™*u 
tionment,  on  or  before  the  first  clay  of  February,  among    Jj£oST«. 
the  several  counties  of  the  State  of  the  fund  devoted  to    Ibid- 

the  maintenance  and  support  of  a  thorough  and  efficient 
system  of  free  public  schools  as  provided  in  and  by  an 
act  entitled  "A  supplement  to  an  act  entitled  'An  act  to 
establish  a  thorough  and  efficient  system  of  free  public 
schools,  and  to  provide  for  the  maintenance,  support  and 
management  thereof,'  approved  October  nineteenth,  one 
thousand  nine  hundred  and  three,"  approved  April  twen- 
tieth, one  thousand  nine  hundred  and  six,  shall  deduct 
from  the  sum  so  to  be  apportioned,  in  addition  to  any 
other  sums  to  be  deducted  from  said  fund  by  virtue  of 
the  provisions  contained  in  any  law  of  this  State,  the 
amounts  certified  to  him  by  the  Commissioner  of  Educa- 
tion as  necessary  for  the  payments  under  the  provisions 
of  this  act  for  the  then  ensuing  school  year,  which  pay- 
ments shall  be  made  therefrom. 

345.  (24.)  Whenever  in  the  judgment  of  the  State 
Board  of  Education,  the  management  and  control,  equip- 
ment, methods  of  instruction,  attendance  of  pupils  or  per 
capita  cost  of  maintenance,  based  upon  the  average  daily 
attendance,  is  so  unsatisfactory  as  to  make  the  continu- 
ance of  any  school  established  under  the  provisions  of 
this  act  unwise,  said  commissioner  shall  notify,  in  writ- 
ing, the  board  of  education  having  the  control  and  man- 
agement of  such  school  that  the  approval  of  such  school 
has  been  withdrawn,  and  it  shall  be  unlawful  to  expend 
any  moneys  received  from  the  State  for  the  support  of 
such  school  after  the  end  of  the  school  year  next  suc- 
ceeding the  date  of  the  withdrawal  of  the  approval  of  . 
such  school.  At  the  end  of  the  school  year  following  the 
withdrawal  of  the  approval  of  a  school  as  is  herein  pro- 
vided, any  balance  of  moneys  received  from  the  State 
under  the  provisions  of  this  act  shall  be  returned  to  the 
State  treasury. 

346    (2O  The  total  amount  expended  under  the  pro-    Limit  of 

«~»"    v     J   '  c  expenditure. 

visions  of  this  act  shall  not  exceed  in  any  one  year  the 
sum  of  eighty  thousand  dollars. 


Withdrawal 
of   approval 
of   school. 
Ibid. 


Ibid. 


1 62 


SCHOOL  LAW. 


SUMMER  SCHOOLS  FOR  TEACHERS. 


Schools; 
bow   estab- 
lished. 
P.    L.    1913, 
Chap.    310. 


Rules. 
Ibid. 


Expenses. 
Ibid. 


State   appro- 
priation   from 
railroad   tax. 
Ibid. 


347.  (i-)  Summer  schools  for  the  purpose  of  training 
and  educating  persons  in  the  art  of  teaching  elementary 
agriculture,  manual  training,  household  economics  and 
such  other  subjects  as  the  State  Board  of  Examiners  shall 
prescribe,  shall  be  established  and  maintained  in  such 
places  as  shall  be  designated  by  the  State  Board  of  Ex- 
aminers and  approved  by  the  State  Board  of  Education. 
The  course  or  courses  of  study  for  each  of  such  schools 
shall  be  prepared  by  said  State  Board  of  Examiners  and 
the  Assistant  Commissioners  of  Education  and  approved 
by  the  State  Board  of  Education. 

348.  (2.)  Rules  and  regulations  for  the  organization, 
maintenance  and  management  of  such  schools  shall  be 
prepared  by  the  State  Board  of  Examiners,  subject  to  ap- 
proval by  the  State  Board  of  Education. 

349.  (3-)  All  expenses  incurred  in  establishing  and 
maintaining  such  schools  which  are  to  be  paid  out  of 
moneys  appropriated  under  the  provisions  of  this  act  shall 
be  paid  by  the  State  Treasurer  on  the  warrant  of  the  State 
Comptroller,  on  bills  approved  by  the  Commissioner  of 
Education. 

350.  (4-)  The  State  Comptroller,  prior  to  the  appor- 
tionment, on  or  before  the  first  day  of  February,  among 
the  several  counties  of  the  State  of  the  fund  devoted  to 
the  maintenance  and  support  of  a  thorough  and  efficient 
system  of  free  public  schools,  as  provided  in  and  by  an 
act  entitled  "A  supplement  to  an  act  entitled  'An  act  to 
establish  a  thorough  and  efficient  system  of  free  public 
schools  and  to  provide  for  the  maintenance,  support  and 
management  thereof,'  approved  October  nineteenth,  one 
thousand  nine  hundred  and  three,  approved  April  twen- 
tieth, one  thousand  nine  hundred  and  six,"  shall  deduct 
from  the  sum  so  to  be  apportioned,  in  addition  to  any  other 
sums  to  be  deducted  from  said  fund  by  virtue  of  the  pro- 
visions contained  in  any  law  of  this  State,  the  amount 
appropriated  in  the  annual  appropriation  bill  for  the 
maintenance  of   such   schools.     No  expense   shall   be   in- 


SCHOOL  LAW. 


163 


curred  under  the  provisions  of  this  act  until  an  appropria- 
tion therefor  shall  have  been  made  in  the  annual  appro- 
priation bill. 


SPECIAL      SCHOOLS      FOR      DEPENDENT       AND       DELINQUENT 

CHILDREN. 

351.  (1.)  The  board  of  education  of  any  school  district 
in  this  State  may  establish  and  maintain  a  special  school 
of  instruction  for  the  purpose  of  restraining,  instructing 
and  caring  for  dependent  and  delinquent  children  under 
sixteen  years  of  age,  committed  to  said  school  by  any 
court  for  the  trial  of  juvenile  offenders.  A  special  school 
of  instruction  shall  be  deemed  to  be  a  part  of  the  public 
school  system  of  the  school  district  in  or  by  which  it  has 
been  established. 

352.  (2.)  Such  special  school  shall  receive,  restrain  and 
instruct  dependent  and  delinquent  children,  and  children 
under  the  age  of  sixteen  years,  who  shall  be  habitual 
truants,  or  habitually  insubordinate,  incorrigible  or 
disorderly  during  their  attendance  at  school,  committed 
to  such  school  by  any  court  for  the  trial  of  juvenile 
offenders.  If  in  the  judgment  of  said  court  the  best 
interests  of  a  child  demanded  that  such  special  school 
should  have  the  entire  charge  and  control  of  such  child, 
said  court  may  take  the  custody  of  such  child  from  its 
parents  or  guardian  and  give  it,  for  an  indeterminate 
period,  to  the  board  of  education  having  control  of  such 
special  school.  When  in  the  judgment  of  said  board  the 
conduct  of  such  child  has  so  improved  that  it  should  be 
permitted  to  attend  the  regular  public  schools,  it  may 
return  such  child  to  the  custody  of  its  parents  or  guardian. 
Any  child,  under  the  age  of  sixteen  years,  arrested  for  any 
cause  except  murder  or  manslaughter,  and  pupils  habit- 
ually truant  or  incorrigible,  may,  by  order  of  the  court  for 
the  trial  of  juvenile  offenders,  be  held  in  said  school  until 
final  judgment. 

353.  (3.)  A  special  school  of  instruction  shall  be  con- 
ducted for  the  well  being  and  safe  custody  of  children 
committed  thereto,  and  for  their  training  and  education 


School    dls- 
trii-is    may 

•  stnl'lish 

RfllOilU. 

I*.    L.    1913, 
Chap.    340. 


Restrain  and 
Instruct    de- 
pcncli'iit     and 
(li-liii'|iicnt 
Child  rrn 
under  sixteen. 
Ibid. 


Industrial 

training. 

Ibid. 


1 64 


SCHOOL  LAW. 


Children 
from   other 
districts 
admitted. 
Ibid. 


Commitment 
of  children. 
Ibid. 


for  good  citizenship  and  self-support.  There  shall  be 
ample  ground  for  farming  and  gardening,  and  shops  and 
other  means  for  industrial  training  shall  be  provided.  The 
school  shall,  as  far  as  possible,  be  conducted  as  a  home. 
There  shall  be  a  superintendent  and  such  teachers  and 
other  employees  as  may  be  necessary  for  the  proper  con- 
duct of  the  school.  The  superintendent  shall  reside  in  the 
school.  Teachers  in  such  schools  shall  be  required  to  hold 
such  certificates  to  teach  as  are  required  by  teachers  in 
the  public  schools. 

354.  (4-)  Children  who  are  dependent  and  delinquent, 
or  who  are  habitually  truant  or  incorrigible,  or  who  shall 
be  found  by  the  court  to  require  special  instruction,  and 
who  reside  in  a  school  district  in  which  there  is  no  special 
school  of  instruction  may,  in  the  manner  prescribed  in  the 
second  section  of  this  act,  be  committed  to  a  special  school 
of  instruction  maintained  in  another  district.  The  board 
of  education  of  the  district  in  which  any  such  child  shall 
reside  and  the  board  of  education  of  the  district  main- 
taining the  school  to  which  such  child  shall  be  committed 
shall  determine  the  amount  to  be  paid  for  the  education 
and  maintenance  of  such  child,  and  the  board  of  education 
of  the  school  district  in  which  such  child  resides  shall 
issue  an  order,  which  order  shall  be  payable  from  any 
funds  available  for  current  expenses,  for  said  amount  in 
favor  of  the  custodian  of  school  moneys  of  the  school 
district  maintaining  the  school  to  which  such  child  shall 
have  been  committed.  If  said  board  cannot  agree  as  to 
the  proper  amount  to  be  paid  for  the  education  and  main- 
tenance of  such  child,  said  amount  shall  be  determined  by 
the  State  Board  of  Education. 

355.  (5-)  Whenever  a  person  shall  be  committed  to  said 
school  the  judge  making  the  adjudication  shall  make  in- 
quiry into  the  family  conditions  and  circumstances  sur- 
rounding the  delinquent ;  if,  in  his  opinion,  the  parents  of 
such  delinquent  are  of  sufficient  ability  to  maintain  him, 
the  judge  may  include  in  the  order  of  commitment  an 
order  requiring  the  parent  of  such  delinquent  to  pay  to 
the  board  of  education  of  the  district  such  sum  toward 
the  support,  maintenance  and  clothing  of  such  delinquent, 


SCHOOL  LAW.  165 

as  in  the  discretion  of  said  judge  may  be  proper.  The 
order  for  such  payment  may  be  enforced  by  attachment 
as  for  a  contempt  of  the  said  court. 

356.  (6.)  At  the  end  of  each  school  year  a  special  re-    Report  to 
port  for  each  special  school  of  instruction  shall  be  made   0r  Education. 
to  the  State  Board  of  Education  in  the  manner  and  form 
prescribed  by  it. 

357.  (7-)  The  superintendent  of  any  special  school  of    npp°rt  to 
instruction  shall,   at  any  time,  when  required  so  to   do,    IWd- 
present  to  the  court  for  the  trial  of  juvenile  offenders,  a 

report  concerning  the  conduct  and  maintenance  of  such 
schools,  and  the  number  of  pupils  therein  and  such  other 
information  as  the  court  shall  demand. 

353.  (8-)  Any  moneys  available  for  the  current  expenses    Appropria- 
of  the  public  schools  in  a  district  in  which  a  special  school  ibid.' 
of  instruction  has  been  established  may  be  used  for  the 
current  expenses  of  such  school. 

359.  (9.)  Monevs  for  the  purchase  of  land,  the  erection   Lands  and 

_       J  J  x  #  t  buildings. 

of  buildings,  the  enlarging  or  repairing  of  buildings,  and    u>id. 
the  purchase  of  furniture  and  other  necessary  equipment 
for  special  schools  of   instruction,  shall  be  appropriated 
in  the  same  manner  as  moneys  are  now  appropriated  for 
the  erection  and  furnishing  of  schoolhouses. 

360.  (10.)  Rules  for  the  government  and  management    Kuiea. 
of  a  special  school  of  instruction,  and  the  course  or  courses 

of  study  to  be  pursued  therein  shall  be  prescribed  by  the 
board  of  education  of  the  school  district  in  which  such 
school  shall  be  established.  Said  rules  and  courses  of 
study,  and  any  change  therein,  shall  be  submitted  to  the 
State  Board  of  Education  for  approval. 

361.  (ii-)   If,  in  the  judgment  of  the  board  of  educa-    Location 

•11  1  1-1  ot  sch°o1- 

tion,  it  will  best  serve  the  purposes  of  the  special  school    ibid. 

of  instruction,  said  board  may  purchase  land  and  locate 

such  school  outside  the  school  district. 

362.  (12.)  A  special  school  of  instruction  shall  not  be    Approval  by 
established,  nor  its  location  determined  without  the  ap-   of" Education, 
proval  of  the  State  Board  of  Education.  Ibld' 

363.  (13-)  This  act  shall  take  effect  immediately.    Pro-    Ropeaier. 
vided,  that  nothing  in  this  act  shall  be  construed  to  alter,    fbid"30' 
amend,  change  or  diminish  any  existing  powers  of  juvenile 


t66 


SCHOOL  LAW. 


courts  under  the  act  to  which  this  act  is  a  supplement,  or 
any  other  act,  or  to  commit  any  child  under  sixteen  years 
of  age  to  any  school  or  house  of  detention  or  other  insti- 
tution, or  otherwise. 

STATE  FEDERATION   OF  DISTRICT  BOARDS  OF  EDUCATION. 


Federation 
c'  school 
boards. 
P.  L.   1014, 
Chap.    129. 

Delegate. 
Ibid. 


Scope  of 

powers. 

Ibid. 


Officers. 
Ibid. 


Rules  and 

regulations. 

Ibid. 


Expenses. 
Ibid. 


364.  (i-)  All  boards  of  education  of  the  various  school 
districts  of  this  State  shall  constitute  a  "State  Federation 
of  District  Boards  of  Education." 

365.  (2.)  The  said  district  boards  of  education  shall  an- 
nually select  a  member  of  said  board  as  a  delegate  to  said 
State  federation. 

366.  (3-)  The  said  State  federation  shall  have  full 
power  to  investigate  such  subjects  relating  to  education  in 
its  various  branches  as  it  may  think  proper,  and  it  shall 
be  its  duty  to  encourage  and  aid  all  movements  for  the 
improvement  of  the  educational  affairs  in  this  State. 

367.  (4-)  The  said  State  federation  shall  have  power  to 
select  such  officers  as  may  be  necessary  for  the  transaction 
of  its  business. 

368.  (5-)  The  said  State  federation  shall  have  power  to 
make,  amend  and  repeal  rules,  regulations  and  by-laws 
for  its  own  government  and  guidance  not  inconsistent  with 
the  act  to  which  this  is  a  supplement. 

369.  (6.)  For  the  purpose  of  defraying  the  necessary 
expenses  of  said  State  federation  the  various  district 
boards  are  hereby  authorized  and  empowered  to  pay  the 
necessary  expenses  as  may  be  incurred  by  its  delegates,  and 
to  appropriate  annually  a  sum  not  exceeding  ten  dollars 
for  dues,  to  be  paid  by  the  custodian  of  school  moneys  of 
such  school  district  to  the  treasurer  of  said  State  federa- 
tion. 


MISCELLANEOUS  LAWS. 


167 


Miscellaneous  Laws. 


INDUSTRIAL   SCHOOLS. 


370.  (i-)  Whenever  any  board  of  education,  school 
committee  or  other  like  body  of  any  city,  town  or  town- 
ship in  this  State  shall  certify,  or  shall  have  certified,  to 
the  Governor  that  a  sum  of  money  not  less  than  three 
thousand  dollars  has  been  contributed  by  voluntary  sub- 
scriptions of  citizens,  or  otherwise  as  hereinafter  author- 
ized, for  the  establishment  in  any  such  city,  town  or  town- 
ship, of  a  school  or  schools  for  industrial  education,  it 
shall  be  the  duty  of  the  said  Governor  to  cause  to  be  drawn 
by  warrant  of  the  Comptroller  by  himself  out  of  any 
moneys  in  the  State  treasury  not  otherwise  appropriated, 
an  amount  equal  to  that  contributed  by  the  particular  lo- 
cality as  aforesaid  for  the  said  subject,  and  when  any  such 
school  or  schools  shall  have  been  established  in  any  lo- 
cality as  aforesaid,  there  shall  be  annually  contributed  by 
the  State,  in  the  manner  aforesaid  for  the  maintenance  and 
support  thereof  a  sum  of  money  equal  to  that  contributed 
each  year  in  said  locality  for  such  purpose;  provided,  how- 
ever, that  the  moneys  contributed  by  the  State  as  afore- 
said to  any  locality  shall  not  exceed  in  any  one  year  the 
sum  of  seven  thousand  dollars. 

371.  (2.)  All  moneys  raised  and  contributed  as  afore- 
said shall  be  applied  under  the  direction  of  the  Board  of 
Trustees,  organized  as  hereinafter  provided,  to  the  estab- 
lishment and  support  of  schools  for  the  training  and  edu- 
cation of  pupils  in  industrial  pursuits  (including  agricul- 
ture),, so  as  to  enable  them  to  perfect  themselves  in  the 
several  branches  of  industry  which  require  technical  in- 
struction. 


Bum  appro- 
priated by 
state  equal 
to  amount 
contributed 
by  localltv. 
P.  L.  1906. 
Chap.    20. 


ProTlae. 


Money   to   ba 
api'Mi'd   undar 
direction   of 
tmateaa. 
Ibid. 


i68 


MISCELLANEOUS  LAWS. 


Local    tax. 
Ibid. 


Trustpps    of 

Industrial 

schools. 

P.    L.    1R93, 

Chap.    294. 


Powers. 


Treasurer. 


372.  (3-)  Any  city,  town  or  township  shall  have  power 
to  appropriate  and  raise  by  tax  for  the  support  of  any 
such  school  therein,  such  sum  of  money  as  they  may 
deem  expedient  and  just. 

373.  (4-)  There  shall  be  a  Board  of  Trustees  of  each 
of  such  schools,  which  shall  consist  of  the  governor  and 
the  mayor  or  other  chief  executive  officer  of  the  city, 
town  or  township  in  which  such  school  is  located,  as  ex- 
officio  members,  and  eight  other  persons  to  be  chosen  and 
appointed  by  the  Governor  as  follows :  Within  thirty  days 
after  the  passage  of  this  act  the  Governor  shall  choose 
and  appoint  eight  persons,  resident  in  the  city,  town  or 
township  in  which  such  school  is  located,  as  members 
of  such  Board  of  Trustees  for  the  following  terms:  (a) 
two  for  the  term  of  one  year,  two  for  the  term  of  two 
years,  two  for  the  term  of  three  years  and  two  for  the 
term  of  four  years;  and  thereafter  two  trustees  shall  be 
appointed  in  like  manner  each  year  for  a  full  term  of  five 
years ;  and  the  official  terms  of  all  trustees  in  office  at  the 
time  of  the  passage  of  this  act  shall  terminate  and  expire 
upon  the  making  of  the  appointment  aforesaid,  and  the 
trustees  appointed  hereunder  shall  take  office  immediately 
upon  their  appointment,  and  shall  continue  in  office  until 
their  successors  are  appointed,  and  any  vacancy  that  may 
occur  in  the  said  Board  of  Trustees  shall  be  filled  by  ap- 
pointment in  like  manner  for  the  unexpired  term  only; 
the  said  Board  of  Trustees  shall  have  control  of  the  build- 
ings and  grounds  owned  and  used  by  such  schools,  the  ap- 
plication of  the  funds  for  the  support  thereof,  the  regula- 
tion of  the  tuition  fees,  the  appointment  and  removal  of 
teachers,  the  power  to  prescribe  the  studies  and  the  exer- 
:ises  of  the  school  and  rules  for  its  management,  to  grant 
certificates  of  graduation,  to  appoint  some  suitable  person 
treasurer  of  the  board,  to  frame  and  modify  at  pleasure 
such  by-laws  as  they  may  deem  necessary  for  their  own 
government;  they  shall  report  annually  to  the  State  and 
local  Boards  of  Education  their  own  doings  and  the  pro- 
gress and  condition  of  the  schools. 


(a)   Amended  by  section  375. 


MISCELLANEOUS  LAWS. 


169 


374.  (5-)  The  said  trustees  shall  receive  no  compensa- 
tion for  their  services,  but  the  expenses  necessarily  in- 
curred by  them  in  the  discharge  of  their  duties  shall  be 
paid  upon  the  approval  of  the  Governor. 

375.  (6-)  The  trustees  of  schools  for  industrial  educa- 
tion, to  be  hereafter  appointed  by  the  Governor  of  this 
State  for  full  terms  under  and  by  virtue  of  the  acts  to 
which  this  is  a  supplement  or  the  supplements  thereto, 
shall  serve  for  terms  of  four  years  and  not  for  terms  of 
live  years  as  now  required  by  law. 

376.  (7-)  The  Board  of  Trustees  of  the  schools  for  in- 
dustrial education,  provided  for  and  organized  under  the 
act  to  which  this  is  a  supplement,  be  and  they  are  hereby 
created  a  body  corporate  under  the  name  and  style  of 
"The  Board  of  Trustees  of  Schools  for  Industrial  Edu- 
cation, "  with  the  right  of  perpetual  succession,  to  sue  and 
be  sued,  to  purchase,  lease  and  hold  personal  and  real 
property,  and  to  sell  and  mortgage  the  same,  and  with 
power  to  accept  donations  and  bequests  of  money,  and 
property  to  be  used  for  the  purposes  for  which  said  boards 
are  constituted  and  organized. 

377.  (i-)  Whenever  in  any  city  of  this  State  the  board 
of  trustees  of  schools  for  industrial  education  shall  acquire 
by  deed,  gift,  grant,  devise  or  otherwise,  the  sum  of  one 
hundred  thousand  dollars,  to  be  expended  for  the  purchase 
of  land  and  erection  and  equipment  of  a  building  or  build- 
ings to  be  used  for  the  purposes  for  which  said  board  is 
constituted,  and  whenever  any  such  board  of  trustees  of 
schools  for  industrial  education  in  said  city  shall  certify, 
or  shall  have  certified,  to  the  Governor  that  a  sum  of 
money  not  less  than  three  thousand  dollars  has  been  con- 
tributed by  voluntary  subscriptions  of  citizens,  or  other- 
wise, as  hereinafter  authorized,  for  the  establishment  in 
said  city  of  a  school  or  schools  for  industrial  education,  it 
shall  be  the  duty  of  the  said  Governor  to  cause  to  be  drawn 
by  warrant  of  the  comptroller,  approved  by  himself,  out 
of  any  moneys  in  the  State  Treasury  not  otherwise  ap- 
propriated, an  amount  equal  to  that  contributed  by  the 
said  city  as  aforesaid  for  the  said  object,  and  when  any 
such  school  or  schools  shall  have  been  established  in  any 


Compensatlou. 


Term   of 
office   of 
trustees. 
P.    L.    1896, 
Chap.    48. 


Trustees   of 
Industrial 
schools 

created    bodle* 
corporate. 
P.    L.    1890, 
Chap.    9. 


State  ap- 
propriation 
towa  rd    local 
industrial 
schools. 
P.    L.    1909, 
Chap.    78. 


170 


MISCELLANEOUS  LAWS. 


Proviso 


Ewect  suit- 
able build- 
ings. 

P.    L.    1907, 
Chap.    222. 


Proviso 


Bond    issue, 
rwa. 


Amount. 


Time    and 
rote 


Kinking  fund 
provision. 


city  as  aforesaid,  there  shall  be  annually  contributed  by 
the  State,  in  manner  aforesaid,  for  the  maintenance  and 
support  thereof,  a  sum  of  money  equal  to  that  contributed 
each  year  in  said  city  for  such  purpose ;  provided,  hozvever, 
that  the  moneys  contributed  by  the  State  as  aforesaid  shall 
not  exceed  in  any  one  year  the  sum  of  ten  thousand  dollars. 

378.  (i.)  It  shall  and  may  be  lawful  for  the  board  of 
trustees  of  the  school  for  industrial  education  in  any  city 
of  the  second  class  of  this  state,  upon  first  obtaining  the 
consent  of  the  common  council  or  other  governing  body  of 
such  city,  to  build  upon  land  already  owned  by  it,  or  to 
purchase  land  and  build  thereon  a  building  or  buildings, 
structure  or  structures,  for  the  uses  and  purposes  of  a 
school  for  industrial  education  within  its  corporate  limits; 
provided,  that  the  cost  and  expense  of  the  land  purchased, 
and  the  building  or  buildings,  structure  or  structures  to  be 
erected,  shall  not  in  the  aggregate  exceed  the  sum  of 
fifty  thousand  dollars. 

379.  (2.)  To  defray  the  cost  and  expense  of  such  land 
and  buildings,  structure  or  structures  to  be  erected  under 
and  in  pursuance  of  the  first  section  of  this  act,  it  shall 
be  lawful  for  the  common  council  or  other  governing  body 
of  any  city  of  the  second  class  in  this  state,  to  issue  bonds 
in  the  corporate  name  of  said  city  for  the  aggregate  amount 
required  by  said  board  of  trustees,  in  sums  of  not  more 
than  one  thousand  dollars,  and  not  less  than  one  hundred 
dollars  each,  to  be  signed  by  the  mayor  and  countersigned 
by  the  clerk  and  sealed  with  the  corporate  seal  of  said  city, 
and  to  have  written  or  printed  thereon  the  words  "School 
for  Industrial  Education  Construction  Bonds,"  said  bonds 
to  be  disposed  of  at  not  less  than  their  par  value,  and  shall 
be  payable  at  the  expiration  of  not  more  than  twenty 
years  after  their  date  of  issue,  and  to  draw  interest  at  a 
rate  not  exceeding  four  per  centum  per  annum,  payable 
semi-annually,  and  may  be  registered  or  coupon  bonds,  or 
may  be  registered  and  coupon  bonds  combined,  at  the 
option  of  said  city,  and  there  shall  be  raised  by  taxes  each 
year  the  interest  on  the  whole  amount  of  the  bonds  so 
issued,  together  with  at  least  five  per  centum  per  annum 
for  the  purpose  of  a  sinking  fund,  to  be  paid  to  the  com- 


MISCELLANEOUS  LAWS. 


171 


missioners  of  the  sinking  fund  of  said  city  for  the  pur- 
pose of  meeting  the  said  bonds  as  they  become  due;  and 
the  money  raised  by  the  issuing  of  said  bonds  shall  be 
credited  on  the  books  of  the  city  treasurer  to  the  said 
trustees  of  the  school  for  industrial  education,  and  paid 
out  and  disbursed  by  the  city  treasurer,  from  time  to  time, 
on  the  written  order  or  orders  of  said  trustees,  signed  by 
their  president  and  secretary,  and  countersigned  by 
the  city  comptroller,  in  payment  of  the  purchase  price  of 
any  land  purchased  by  said  trustees,  and  the  cost  of  erec- 
tion of  any  building  or  buildings,  structure  or  structures 
thereon  for  the  use  of  a  school  for  industrial  education 
within  the  corporate  limits  of  such  city. 


P.  L.  1907. 
p.  124. 


School 
board. 
Ibid. 


An  Act  to  establish  a  school  and  to  provide  school  facili- 
ties and  accommodations  in  the  State  Prison. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of 
the  State  of  New  Jersey: 

380.  (i.)  The  board  of  inspectors  of  the  State  Prison    school  at 

.....     state  prison. 

shall  establish  in  said  prison  a  school  for  the  instruction  of 
persons  confined  therein,  and  shall  provide  for  said  school 
a  suitable  school-room  or  school-rooms,  together  with 
proper  furniture  and  equipment. 

381.  (2.)  Said  school  shall  be  under  the  supervision 
and  control  of  a  board  to  be  known  as  the  State  Prison 
School  Board.  Said  board  shall  consist  of  the  principal 
keeper  of  the  prison,  two  members  of  the  Board  of  In- 
spectors, to  be  appointed  annually  by  the  board,  and  the 
moral  instructors  in  said  prison.  The  members  of  said 
board  appointed  by  the  Board  of  Inspectors  shall  hold 
office  for  the  term  of  one  year ;  provided,  that  the  term  of  Proyiso. 
office  of  a  member  of  such  board  so  appointed  shall  not 
extend  beyond  his  term  of  office  as  a  member  of  the  Board 

of  Inspectors. 

382.  (3.)  The  State  Prison  School  Board  shall  make    jjjj"- 
necessary  rules  for  the  proper  conduct  and  management  of 

said  school  to  be  approved  by  the  Board  of  Inspectors, 

shall  appoint  the  teachers  and  fix  their  salaries  and  terms    JuedChbecr08ki 

of  employment,  purchase  the  necessary  text-books,  appa- 


MISCKI.l    WKOl'S  LAWS. 


- 


TV.vhors' 
qualification. 

Ibid. 


Wbo    m  ay 

tesob. 
tl 


Kee] 

-■'Ut. 

IMd. 


Expenses    uu't 

bi    s  . 

Ibid. 


- 


Annual 
Ibid. 


ratus  and  supplies,  and  proscribe  the  course  of  study  to  be 

pursued  in  said  school.     Said  course  of  study  shall  pro- 

le  an  elementary  education,  equivalent  to  that  provided 

by  similar  courses  of  study  in  the  public  schools  in  this 

rhe  course  of  study  and  any  changes  therein  shall 

mitted  to  the  State  Board  of  Education  for  its  ap- 

val.  and  no  course  of  study  shall  be  established  until 

appro;  ed  by  said  board. 

333.    (4.)    No  teacher   receiving  a   salary    for   services 
sh  ill  be  employed  in  such  school  who  does  not  possess  a 
tificate   of   qualification   issued  under  rules  prescribed 
by  the  State  Board  of  Education. 

384.  (5.)  The  head  teacher  shall  not  be  an  inmate  of 
sa   I  prison.     Inmates  of  said  prison  may.  with  the  ap- 

.  in  writing,  of  the  principal  keeper,  be  appointed 
as  assistant  teachers. 

385.  (6.)  No  inmate  of  said  prison  shall  be  admitted  as 
a  pupil  in  said  school  except  upon  the  written  consent  of 
the  principal  keeper. 

386.  (7.)  The  expenses  incurred  by  the  Board  of  In- 
spectors in  providing  and  maintaining  a  school-room  or 
school-rooms,  or  for  the  purchase  of  school  furniture  and 
equipment,  shall  be  certified  to  the  State  Comptroller  by 

I  board,  and  the  expenses  incurred  by  the  State  Prison 
School  Board  in  carrying  into  effect  the  purposes  of  this 
act  shall  be  certified  to  said  Comptroller  by  said  school 
board.  All  expenses  incurred  under  the  provisions  of  this 
act.  when  properly  certified  as  aforesaid,  shall  be  paid  on 
the  warrant  of  said  Comptroller  out  of  any  moneys  in  the 
Treasury  not  otherwise  appropriated :  prozided.  that 
no  expense  shall  be  incurred  under  the  provisions  of  this 
I  until  an  appropriation  therefor  shall  have  been  made 
in  a  regular  appropriation  bill. 

387.  (8.)  The  State  Prison  School  Board  shall  report 
to  the  Board  of  Inspectors  annually,  on  or  before  the  fif- 
teenth day  of  November,  in  regard  to  all  matters  com- 
mitted to  its  care,  and  shall  transmit  a  copy  of  said  report 
to  the  State  Board  of  Education. 


MISCELLANEOUS  LAWS. 


Wi 


f'.r    f.ark 

P.    I..    IW2, 
Cbap. 


388.  '''•J  Whenever  the  board  of  education  in  any  city    ' 
of  this  Mate  has  acquired  Lands  for  the  purpose  of  erect-    '■"  ' 
ing  a  school  building  thereon,  and  shall  determine  that    "-  • 
such  lands  are  undesirable  or  unnecessary   for  such  pur- 
pose,  it  shall  he  lawful   for   such  board  of  education  to 
transfer  and  convey  such  lands  to  such  city,  without  any 
consideration  being  paid  therefor,  for  use  hy  such  city  as 
a  public   park   or  playground,   and   such   lands,   when 
transferred  and  conveyed,  shall  thereafter  be  in  the  cha- 
and  under  the  control  of  the  hoard  or  body  having  cha" 
and  control  of  the  public  parks  of  such  city  and  may  be 
improved  by  su<  h  board  or  body. 

•389.   (2.)   No  transfer  or  conveyance  of  lands  shall  be 

Land,    how 

made  until  the  board   of  education  shall  have  adopted  a    tmutema. 

It>id. 

lution  declaring  the  lands  no  longer  desirable  or  neces- 
sary for  the  purpose  of  erecting  a  school  building  there- 
on and  authorizing  the  conveyance  thereof  to  the  city, 
by  deed  executed  in  the  name  and  under  the  seal  of  the 
board  of  education,  by  the  president  and  secretary  there- 
of, and  until  the  board  or  body  having  charge  of  the 
finances  of  the  city  shall  have  adopted  a  resolution,  ap- 
proved by  the  mayor  thereof,  requesting  or  approving  the 
conveyance  of  such  lands  to  such  city. 


390.  (i.)   In  any  borough  or  other  municipality  in  this    ^'"^^'p 
State  where  the  board  of  education  thereof  has  been  or 

mtmicipi 

shall  hereafter  be  authorized  bv  vote  of  the  qualified  voters    '"•  nominal 

.    .  .  num. 

of  such  borough  or  other  municipality  at  an  election  held    p.  l.  : 

b  l  J  Chap.     IJ 

for  that  purpose  to  acquire  land  and  erect  thereon  a  new 
schoolhouse  and  to  dispose  of  an  old  schoolhouse  and  the 
lot  of  land  on  which  the  same  is  erected,  and  the  borough 
or  other  municipality  in  which  said  old  schoolhouse  and 
land  are  situate  shall  be  desirous  of  acquiring  the  same  to 
use  for  public  purposes,  it  shall  be  lawful  for  such  board 
of  education  to  convey  said  old  schoolhouse  and  the  lot  of 
land  upon  which  it  is  erected  to  the  borough  or  other  mu- 
nicipality by  its  corporate  name  for  a  nominal  considera- 
tion ;  provided,  however,  the  lines  of  the  municipality  are  Fnriw. 
co-extensive  with  the  lines  of  the  school  district  and  a 
resolution,   requesting   such   conveyance,   shall   have    first 


174 


MISCELLANEOUS  LAWS. 


been  passed  by  a  vote  of  a  majority  of  all  the  members  of 
the  council  or  other  governing  body  of  the  municipality 
and  a  resolution,  authorizing  such  conveyance,  shall  have 
been  passed  by  a  vote  of  a  majority  of  all  the  members  of 
such  board  of  education. 


unused  391.  (i.)  It  shall  be  lawful  for  any  board  of  education 

ings  may  be     of  any  township  in  this  State,  by  resolution  adopted  by  a 

township.       '  two-thirds  vote  of  the  members  of  said  board  of  educa- 

ciiap'.  49.''       tion,  to   transfer  any  building  not  used  by  it   for  school 

purposes  to  the  township  in  which  said  board  and  school 

building  is  located  for  use  by  said  township  for  municipal 

purposes. 

Remodeling  392.  (2.)  It  shall  be  lawful  for  any  township  committee 

and    use   of  . 

such  building,  of  any  township  to  which  any  school  building  may  be  trans- 
ferred, to  alter  and  remodel  said  building,  to  remove  the 
same  to  any  suitable  location  upon  lands  belonging  to  the 
township,  and  do  and  perform  any  act  which  may  be 
necessary  to  put  such  building  in  proper  condition,  to  use 
the  same  for  municipal  purposes  of  such  township,  and 
any  expense  incurred  thereby  shall  be  paid  out  of  any  un- 
expended balances  or  funds  in  the  possession  of  the  town- 
ship committee. 


Appointment 
of   students 
for    agricul- 
tural   college. 
P.    L.    1S67, 
Chap.    169. 


AGRICULTURAL  COLLEGE. 

393.  (i.)  It  shall  be  the  duty  of  the  county  superinten- 
dent, at  such  time  and  place  as  the  Commissioner  of  Edu- 
cation may  appoint,  to  examine  such  candidates  for  state 
scholarships  at  the  agricultural  college  as  may  present 
themselves,  and  the  candidates  shall  be  subjected  to  such 
examination  as  the  faculty  of  the  said  college  and  the  Com- 
missioner of  Education  shall  prescribe ;  and  the  candidates 
who  shall  receive  certificates  of  appointment  to  the  agri- 
cultural college  in  any  one  county  shall  be  those  who  ob- 
tain, on  such  examination,  the  highest  average  for  scholar- 
ship ;  and  the  number  of  certificates  thus  granted  shall  in 
no  case  exceed  the  number  of  state  scholarships  to  which 
such  county  is  entitled,   (a) 


(a)    Each  county  is  entitled  to  as  many  students  as  it  has  representa- 
tives in  the  legislature.     P.  L.   1864,  Chap.  369,  §   10. 


MISCELLANEOUS  LAWS. 


175 


394.  (1.)  In  order  that  the  students  in  the  schools  in  all 
parts  of  the  state  may  receive  the  stimulus  afforded  by 
the  opportunity  to  pursue  the  courses  of  study  in  the  State 
Agricultural  College,  and  in  order  to  enable  said  State 
Agricultural  College  to  furnish  instruction  gratuitously  to 
students,  residents  of  this  state,  in  its  several  courses  of 
study,  as  special  courses  of  advanced  study  in  the  public 
school  sytem  of  this  state,  there  shall  be  sent  to  the  said 
college,  each  year,  from  each  county  in  this  state,  students 
to  the  number  of  members  of  assembly  to  which  such 
county  is  entitled,  to  be  selected  and  designated  as  here- 
inafter provided,  who  shall  receive  gratuitous  instruction 
in  any  or  all  of  the  prescribed  branches  of  study  in  any  of 
the  courses  of  study  of  said  state  college,  under  the  gen- 
eral powers  of  supervision  and  control  possessed  by  the 
board  of  visitors  of  said  state  college.  Said  students  so 
received  shall  be  residents  of  this  state,  and  shall  be  ad- 
mitted into  said  state  college  upon  the  terms  and  subject 
to  the  rules  and  discipline  which  shall  apply  to  all  other 
free  students  of  said  college;  and  if  there  should  be  from 
any  county  more  than  the  designated  number  of  suitably 
prepared  applicants  in  the  same  year,  such  additional  ap- 
plicants may,  in  the  discretion  of  the  board  of  visitors  of 
the  said  State  Agricultural  College,  be  received  on  any 
vacant  scholarships  of  any  other  county  until  the  county 
last  named  shall  require  such  scholarships,  after  notice 
has  been  served  on  the  superintendent  of  education  of  the 
county  in  which  such  vacant  scholarships  existed. 

395.  (2.)  Said  students  shall  be  selected  as  follows:  A 
competitive  examination,  under  the  direction  of  the  city 
superintendents  and  the  county  superintendents  of  edu- 
cation in  each  county  shall  be  held  upon  the  first  Friday 
in  June  in  each  year  and  the  Saturday  following,  at  such 
place  or  places  in  each  county  as  shall  be  designated  by 
the  said  superintendent,  and  the  necessary  traveling  ex- 
penses of  said  examiners  not  otherwise  provided  for  by 
law,  on  the  approval  of  the  president  and  secretary  of 
the  Board  of  Visitors  of  said  State  Agricultural  College, 
shall  be  paid  by  said  State  College;  students  who  apply 
for  examination  shall  be  examined  upon  such  subjects  as 


Number   of 
nebula  rshlpS. 
P.    L.    1005. 
Chap.    90. 


As  many 
as    members 
of    assembly . 


Students 
011     vaennt 
scholarships. 


Selection   of 

students. 
P.    L.    1909, 
Chap.    20. 


When   exam- 
ination held. 


Subjects. 


176 


MISCELLANEOUS  LAWS. 


Certificates 
issued    by 
state  commis- 
sioner  of 
education. 


Amount 
per  student. 
P.    L.    1905, 
Chap.   90. 


Proriso. 


President    of 
college    to 
certify 
number    of 
students. 
Ibid. 


may  be  designated  by  the  faculty  of  said  college  and  the 
State  Board  of  Education,  and  the  said  city  and  county 
superintendents  shall  report  to  the  president  of  said  col- 
lege and  to  the  Commissioner  of  Education  the  names  of 
all  such  students  examined  as  in  their  opinion  are  suitably 
prepared  to  enter  said  college,  with  their  estimate  of  the 
order  of  excellence  in  scholarship  shown  by  said  students 
at  such  preliminary  examination;  certificates  of  appoint- 
ment to  the  State  Agricultural  College  shall  be  issued  by 
the  Commissioner  of  Education  to  all  of  such  students  as 
are  so  found  to  be  qualified  to  enter  said  college,  and  in 
case  the  vacant  scholarships  shall  not  be  sufficient  to  re- 
ceive all  such  successful  candidates,  preference  in  appoint- 
ing to  vacant  scholarships  shall  be  given  to  successful 
candidates  in  the  order  of  the  excellence  of  their  exami- 
nation as  certified  by  said  superintendents,  and  in  general 
the  regulations  and  provisions  governing  the  conduct  of 
such  examinations,  and  the  appointment  of  said  students 
to  said  scholarships  shall  be  subject  to  the  control  of  said 
Board  of  Visitors  of  said  college. 

396.  (3-)  Each  student  so  appointed  and  admitted  to 
said  college  shall  be  regarded  as  holding  a  state  scholar- 
ship, and  for  each  scholarship  so  held  there  shall  be  due 
from  the  state  to  the  college,  on  the  first  day  of  November, 
in  each  year,  the  sum  of  one  hundred  and  twenty  dollars; 
provided,  that  the  aggregate  amount  due  for  any  year  for 
such  scholarships  shall  not  exceed  fifteen  thousand  dol- 
lars,   (a) 

397.  (4.)  I"  order  to  ascertain  the  number  of  scholar- 
ships for  which  payment  shall  be  due  as  aforesaid,  the 
president  of  said  college  shall  in  the  month  of  October  in 
each  year  make  his  certificate  in  writing,  setting  forth  the 
names  of  the  students  so  as  aforesaid  appointed  and  then 
in  attendance  at  said  college,  the  counties  from  which  they 


(a)  It  was  competent  for  the  legislature  to  establish  an  agricultural 
college  at  Rutgers,  and  to  support  it  out  of  the  state's  general  fund, 
and  the  legislation  on  that  subject  is  not  infirm  by  reason  of  the  con- 
stitutional provision  against  pr  vate,  special  or  local  legislation,  or  by 
reason  of  the  further  provision  "that  no  donation  of  land  or  appro- 
priation of  money  shall  be  made  by  the  state  or  any  municipal  cor- 
poration to  or  for  the  use  of  anv  society,  association  or  corporation." 
Rutgers  College   v.  Morgan,  41    Vr.  460. 


MISCELLANEOUS  LAWS. 


177 


were  appointed  and  the  classes  in  college  to  which  they 
belong,  or  the  special  courses  of  study  which  they  are 
pursuing,  which  certificate,  when  approved  by  the  presi- 
dent of  the  board  of  visitors  of  the  State  Agricultural 
College,  shall  be  plenary  evidence  of  the  number  of  schol- 
arships for  which  payment  shall  be  due,  and  on  filing  the 
same  with  the  Comptroller  of  the  state  he  shall  draw  his 
warrant  upon  the  State  Treasurer  for  the  sum  of  money 
to  which  the  said  college  may  accordingly  be  entitled,  and 
the  State  Treasurer  shall  pay  the  same  as  soon  as  proper 
appropriation  shall  have  been  made  therefor. 

398.  (i.)  The  trustees  of  the  State  Agricultural  College 
of  New  Jersey  be,  and  they  are,  hereby  required  to  estab- 
lish in  said  State  Agricultural  College  a  department  which 
shall  provide  short  courses  in  agriculture,  equipped  and 
designed  for  the  practical  education  of  students,  in  both 
general  and  specific  lines  of  farming. 

399.  (2.)  Said  department  shall  offer  special  instruction 
to  students  on  soils,  crops,  fertilizers,  manures,  drainage, 
farm  machinery,  farm  building;  breeds  of  live-stock,  stock 
judging,  animal  diseases  and  remedies ;  production  and 
handling  of  milk  and  cream,  the  manufacture  of  butter 
and  cheese ;  the  growth  of  fruits,  berries,  management  of 
orchards,  market  garden  and  vegetable  crops,  and  insects 
injurious  to  the  various  plants,  diseases  of  plants;  animal 
nutrition,  including  the  use  of  forage  crops,  cereal  grains, 
fine  feeds,  and  all  other  matters  pertaining  to  general  and 
specific  lines  of  farm  practice. 

400.  (3-)  Said' department  shall  be  provided  with  suit- 
able buildings  for  stock  judging,  butter  making,  milk  test- 
ing and  lecture-rooms;  said  buildings  shall  be  equipped 
with  the  necessary  apparatus  and  machinery  for  carrying 
out  the  specific  instruction  provided  for  in  section  two. 

401.  (4-)  Said  trustees  shall  employ  to  conduct  this  de- 
partment competent  instructors  of  the  necessary  education 
and  scientific  acquirements,  who  shall  teach  the  theoretical 
and  practical  part  of  the  subjects  herein  provided  for. 

402.  (5-)  There  shall  be  appropriated  out  of  the  general 
revenues  of  the  state  the  sum  of  twenty-four  thousand 
dollars,  to  be  expended  in  the  organization,  equipment  and 


Approval. 


Establish 

short 

courses. 

P.    L.    1905, 

Chap.    55. 


Subjects  of 
instruction. 
Ibid. 


Buildings 
and    appa- 
ratus. 
Ibid. 


Instructors. 
Ibid. 


Appropria- 
tion. 
Ibid. 


i78 


MISCELLANEOUS  LAWS. 


Proviso. 


maintenance  of  said  department,  as  provided  for  in  the 
first  four  sections  of  this  act  for  the  current  year,  and  then 
shall  be  appropriated  from  the  same  fund  the  sum  of  six 
thousand  five  hundred  dollars  annually  hereafter,  begin- 
ning on  the  next  succeeding  year  for  the  salaries,  supplies 
and  all  other  expenses  for  the  maintenance  of  said  de- 
partment ;  provided,  that  such  sum  or  sums  shall  first  be 
appropriated  in  the  annual  appropriation  bill. 


FREE  LECTURES. 


Boards   of 
education 
may     provide. 
P.    L.    1SU5, 
Chap.    48. 


Purchase 
necHSsa  ry 
apparatus, 
etc. 
Ibid. 


No   Bdmisslon 
fee    to   be 
charged. 
Ibid. 


403.  (i.)  The  boards  of  education  in  cities  of  this  state 
or  other  municipalities  containing  over  ten  thousand  popu- 
lation according  to  the  last  census  are  hereby  authorized 
and  empowered  to  provide  for  the  employment  of  lec- 
turers on  the  natural  sciences  and  kindred  subjects  in  the 
public  schools  in  any  city  or  other  municipality,  in  the 
evenings,  for  the  benefit  of  workingmen  and  working- 
women. 

404.  (2.)  The  said  boards  of  education  shall  have  the 
power  to  purchase  books,  stationery  and  other  things 
necessary  and  expedient  to  successfully  conduct  said  lec- 
tures, which  it  shall  have  the  power  to  direct. 

405.  (3-)  No  admission  fee  shall  be  charged,  and  at 
least  one  school  in  each  ward  or  subdivision  of  each  city 
or  municipality,  where  practicable,  shall  be  designated  by 
the  said  board  of  education  for  the  purpose  of  carrying 
out  the  provisions  of  this  act,  and  at  least  one  lecture  shall 
be  delivered  during  each  of  the  months  of  October,  No- 
vember, December,  January,  February  and  March  in  each 
year,  which  shall  be  advertised  in  a  daily  or  weekly  paper 
published  in  said  city  or  municipality  at  least  ten  days  in 
advance  of  the  delivery  thereof. 


Board    of 
education   may 
tiiHurp    school 
pr.ip.Tty    In 
city   Insurance 
fund. 

P.    L.   in«2, 
Chap.    253. 


406.  (1)  Where  in  any  city  of  this  State  a  municipal 
insurance  fund  shall  have  been  or  may  hereafter  be  estab- 
lished and  insurance  fund  commissioners  appointed,  the 
board  of  education  of  the  city  school  district  of  such 
city,  in  its  discretion,  may,  by  resolution,  provide  that 
from  and  after  the  adoption  of  such  resolution  the  school 


MISCELLANEOUS  LAWS. 


179 


Bates   of 

insurance. 

Ibid. 


buildings  and  school  properly  of  such  school  district  shall 
be  insured  in  the  municipal  insurance  fund  of  the  city. 

407.  (2.)  The  insurance  fund  commissioners  of  such 
city  shall  have  power  to  fix  reasonable  rates  of  premium 
for  all  insurance  carried  on  school  buildings  and  school 
property  of  the  school  district  by  such  fund,  and  the 
board  of  education  shall  forthwith  pay  to  the  insurance 
fund  commissioners  of  the  city  such  premium  for  any 
insurance  carried  by  such  municipal  insurance  fund  on 
school  buildings  and  such  property  of  such  city  school 
district.  Whenever,  in  the  discretion  of  the  insurance 
fund  commissioners  of  such  city,  they  may  deem  it  ex- 
pedient, they  may  place  insurance  on  school  buildings  and 
school  property  insured  in  the  municipal  insurance  fund 
with  insurance  companies  authorized  to  do  business  in  this 
State,  and  the  premiums  for  such  insurance  in  excess  of 
the  rates  of  premium  thereon  fixed  by  the  commissioners 
shall  forthwith  be  paid  to  the  commissioners  by  the  board 
of  education  of  the  district.  The  policies  of  insurance 
shall  provide  that  the  loss  shall  be  payable  to  the  board  of 
education  of  the  school  district. 

408.  (3-)   All  moneys   received  by  the  commissioners    investment 

.  ,         ,    ,      .,  ..  111  .of    premiums, 

for  premiums  on  school  buildings  and  school  property  in-  ibid, 
sured  in  the  municipal  insurance  fund  of  the  city,  except 
so  much  as  may  be  necessary  to  pay  premiums  upon  insur- 
ance placed  upon  any  such  school  buildings  and  school 
property  with  insurance  companies  as  provided  in  section 
two  of  this  act,  shall  be  invested  by  the  commissioners 
with  the  moneys  of  the  municipal  insurance  fund  and  in 
the  manner  provided  for  the  investment  of  such  moneys. 

409.  (4-)  In  case  the  school  buildings  and  other  school  Apprnprta 
property  of  the  district  in  any  city  shall  be  insured  in  the 
municipal  insurance  fund  of  such  city,  as  hereinbefore 
provided,  the  common  council  of  such  city,  or  other  board 
or  body  having  control  of  the  finances  of  such  city  may, 
from  time  to  time,  if  in  its  judgment  advisable,  appro- 
priate additional  sums  of  money  to  the  municipal  insur- 
ance fund  of  the  city  from  moneys  under  its  control  not 
otherwise  appropriated,  or  by  raising  such  sums  in  the 


tions   for 

municipal 

insurance 

fund. 

Ibid. 


i8o 


MISCELLANEOUS  LAWS. 


Method     Of 

insuring 

school 

buildings. 

Ibid. 


Boards   of 
education 
liable    for 
injury    to 
employees. 
P.    L.    1913, 
Chap.    145. 


Proviso. 


Proviso. 


Payments; 
how    made. 
Ibid. 


tax  levy  for  the  years  in  which  they  are  severally  appro- 
priated. 

410.  (5-)  Each  school  building  and  the  contents  thereof 
shall  be  insured  in  the  municipal  insurance  fund  separately 
and  for  definite  and  determined  sums  respectively,  except 
where  the  commissioners  shall  have  insured  the  same  in 
an  insurance  company  as  provided  in  section  two  of  this 
act.  In  case  of  loss  incurred  by  fire  on  any  building  or 
contents,  not  insured  in  an  insurance  company,  if  the  loss 
be  total,  the  commissioners  shall  pay,  within  sixty  days, 
the  whole  sum  from  the  municipal  insurance  fund  to  the 
board  of  education  of  the  district;  if  the  loss  be  partial 
and  not  total,  the  sum  to  be  paid  shall  be  fixed  and  ad- 
justed by  a  commission  of  adjustment,  consisting  of  a 
commissioner  of  the  municipal  insurance  fund,  the  presi- 
dent of  the  board  of  education  of  the  school  district  and 
the  chairman  of  the  finance  committee  of  the  common 
council  or  the  president  of  the  board  or  body  of  such  city 
having  control  of  the  finances. 

411.  (i.)  Every  employee  who  shall  be  in  the  employ 
of  the  State,  county,  municipality  or  any  board  or  com- 
mission, or  any  other  governing  body,  including  boards  of 
education,  within  this  State,  shall  be  compensated  under 
and  by  virtue  of  section  two  to  which  this  act  is  a  sup- 
plement; provided,  however,  that  no  person  receiving  a 
salary  greater  than  twelve  hundred  dollars  per  year,  nor 
any  person  holding  an  elective  office  shall  be  entitled  to. 
compensation;  and  provided  further,  that  nothing  herein 
contained  shall  be  construed  as  affecting  any  pension  fund 
now  or  hereafter  provided  by  law. 

412.  (2.)  When  any  payment  shall  be  due  under  the 
provisions  of  this  supplement  or  the  act  to  which  it  is  a 
supplement,  the  name  of  the  injured  employee,  or  in  case 
of  his  death,  the  names  of  the  persons  to  whom  payment 
is  to  be  made  as  his  dependents,  shall  be  carried  upon  the 
pay  roll,  and  payment  shall  be  made  in  the  same  manner 
and  from  the  same  source  in  which  and  from  which  the 
wages  of  the  injured  employee  were  paid.  In  event  that 
any  extraordinary  payment  larger  than  the  weekly  rate  of 
compensation  shall  be  due,  such  payment  shall  be  made 


MISCELLANEOUS  LAWS.  181 

from  any  fund  available  for  the  maintenance  or  incidental 
expenses  of  the  institution,  department,  board  or  govern- 
ing body  under  and  by  which  the  employee  was  employed. 


413.  (i.)  For  the  purposes  of  this  act  the  term  "quali-   r>eflnition. 
fying  academic  certificate"  shall  be  taken  and  deemed  to    c'hap'  j^4' 
be  any  certificate  issued  by  the  Commissioner  of  Educa- 
tion certifying  that  the  person  to  whom  the  same  shall  be 

issued  has  had  the  preliminary  academic  education  re- 
quired by  the  rules  of  the  Supreme  Court  or  by  any  law 
of  this  State  at  the  time  such  certificate  is  issued  for 
admission  to  an  examination  for  license  to  practice  law, 
medicine,  dentistry,  chiropody,  pharmacy,  or  for  license 
as  a  certified  public  accountant,  and  for  any  other  pro- 
fession or  vocation  for  which  a  certificate  of  academic 
education,  issued  by  the  Commissioner  of  Education,  is 
now  or  may  hereafter  be  required  by  law  or  by  the  rules 
of  the  Supreme  Court.  , 

414.  (2.)  Every  person  desiring  a  "qualifying  academic    fjr'' certla" 
certificate"  shall  make  application  therefor  in  the  manner   j8.^; 
and  form  prescribed  by  the  Commissioner  of  Education 

and  shall,  at  the  time  of  filing  such  application,  pay  to 
said  commissioner  the  sum  of  two  dollars.  If  the  cre- 
dentials and  evidence  submitted  by  an  applicant  are  not  Examinatlon- 
sufficient  to  entitle  him  to  such  certificate  without  an 
examination  in  one  or  more  academic  subjects,  such  ap- 
plicant shall,  before  he  begins  such  examination,  pay  to 
said  commissioner  the  further  sum  of  three  dollars. 

415.  (3-)  The  Commissioner  of  Education  shall  keep  a    noceipt.  care 
true  and  correct  account  of  all  moneys  received  by  him    f"nd8u  e 
under  the  provisions  of  this  act,  and  between  the  first  and 

fifth  days  of  each  month  deposit  with  the  State  Treasurer 
all  such  moneys  received  by  him  during  the  then  preced- 
ing calendar  month.  The  moneys  deposited  with  the  State 
Treasurer  under  the  provisions  of  this  act  shall  not  become 
a  part  of  the  general  funds  of  the  State,  but  shall  be  held 
as  a  special  fund  to  be  used  only  for  the  payment  of  ex- 
penses incurred  by  the  Commissioner  of  Education  in  car- 
rying out  the  provisions  of  this  act,  and  such  expenses 
shall  be  paid  by  the  State  Treasurer  on  the  warrant  of 


1 82 


MISCELLANEOUS  LAWS. 


Rules   and 

regulations. 

Ibid. 


Admission    of 
blind    persons 
to  institutions 
for   higher 
education. 
P.    L.    11112. 
Chap.   336. 


Proriso. 


Appropria- 
tion 

to  assist 
students. 
Ibid. 


Institution  to 
be    in    this 
State. 
Ioid. 


Payments. 
Ibid. 


the  State  Comptroller  on  bills  duly  certified  by  the  Com- 
missioner of  Education. 

416.  (4-)  The  Commissioner  of  Education  shall  make 
and  prescribe  rules  and  regulations  necessary  to  carry  this 
law  into  effect. 


417.  (i.)  Whenever  any  blind  person,  who  is  a  citizen 
of  this  State,  desires  to  attend  any  college,  university,  tech- 
nical school  or  professional  school,  authorized  by  law  to 
grant  degrees,  other  than  an  institution  established  for 
the  regular  instruction  of  the  blind,  shall  make  applica- 
tion for  such  purpose  to  the  Commissioner  of  Education, 
and  be  designated  by  him  as  a  fit  person  to  be  received 
and  accepted  as  a  student  in  any  of  such  institutions,  such 
applicant  shall  thereupon  be  entitled  to  have  the  aid  and 
assistance  hereinafter  provided  for;  provided,  that  such 
blind  person  shall  also  prove  to  the  satisfaction  of  said 
commissioner  that  he  is  financially  unable  to  defray  the 
expense,  or  any  part  thereof,  hereinafter  specified. 

418.  (2.)  There  shall  be  paid  by  the  State  for  the  use 
of  such  student  a  sum  not  to  exceed  two  hundred  dollars 
($200.00)  per  annum,  with  which  to  defray  the  fee 
charged  by  any  such  institution,  and  also  the  further  sum 
of  three  hundred  dollars  ($300.00)  per  annum  with  which 
to  employ  a  person  or  persons  to  read  to  such  student  from 
text  books  and  pamphlets  which  shall  be  necessary  for 
such  student  to  use  in  connection  with  the  pursuit  of  his 
or  her  studies  in  the  college,  university  or  school  where 
he  or  she  shall  be  matriculated. 

419.  (3.)  It  shall  be  necessary  in  every  case  for  any 
such  student  to  receive  his  or  her  tuition  from  a  college, 
university,  technical  school,  or  professional  school,  estab- 
lished and  located  within  the  State  of  New  Jersey. 

420.  (4-)  Any  moneys  to  be  paid  under  the  authority 
of  this  act  shall  be  paid  quarterly,  after  the  beginning  of 
the  school  year  of  any  college,  university,  technical  or 
other  school,  where  any  blind  student  shall  be  matriculated, 
by  the  Treasurer  of  the  State,  on  the  warrant  of  the 
Comptroller  to  the  treasurer  of  any  such  college,  university, 
technical  or  other  school,  upon  his  presenting  an  account 


MISCELLANEOUS  LAWS. 


183 


showing  the  actual  number  of  blind  students  matriculated 
and  attending  the  institution  of  which  he  is  treasurer, 
which  account  shall  be  verified  by  the  president  of  any 
such  institution. 

421.  (5-)  It  shall  be  necessary  for  every  college,  uni- 
versity, technical  or  other  school  in  which  any  blind  stu- 
dent is  matriculated  to  furnish  to  the  Commissioner  of 
Education  a  quarterly  report  showing  the  progress  or 
status  of  every  such  blind  student  matriculated  in  such 
college,  university,  technical  or  other  school,  and  in  the 
event  that  any  of  said  reports  shall  disclose  the  fact  that 
any  student  is  unable  to  keep  up  with  his  or  her  studies 
and  acquire  the  education  provided  for  by  any  such  col- 
lege, university,  technical  or  other  school,  or  that  any  of 
such  students  are  not  taking  advantage  of  the  opportuni- 
ties provided  for  him  or  her  by  the  terms  of  this  act,  then 
in  each  such  case,  if  it  shall  be  the  judgment  of  the  Com- 
missioner of  Education  that  the  aid  and  assistance  offered 
and  provided  by  this  act  shall  be  denied  and  withdrawn 
from  any  such  student,  then  the  same,  on  the  recommenda- 
tion and  certificate  of  said  Commissioner  of  Education, 
shall  be  withdrawn  from  any  such  student  and  the  college, 
university,  technical  or  other  school  in  which  any  such 
student  is  entered  or  matriculated  shall  be  notified  by  the 
State  Comptroller  of  every  such  action. 


422.  (i.)  No  school  or  institution  of  learning  con- 
ducted within  this  State  shall  hereafter  confer  any  degree 
or  degrees  until  the  terms  and  conditions  of  such  degree 
or  degrees  shall  first  be  submitted  to  and  approved  of  by 
the  State  Board  of  Education  of  the  State  of  New  Jersey; 
provided,  that  nothing  in  this  section  contained  shall  apply 
to  any  school  or  institution  of  learning  which  shall  have 
been  established  and  conducted  within  this  State  for  a 
period  of  twenty-five  years  prior  to  the  passage  of  this  act. 

423.  (2.)  Any  person  or  corporation  violating  any  of 
the  provisions  of  this  act  shall  be  liable  to  a  penalty  of 
five  hundred  dollars  for  each  offence,  to  be  recovered  in 
an  action  of  debt  by  the  State  Board  of  Education  of  the 
State  of  New  Jersey,  such  penalty  when  recovered  to  be 
paid  into  the  treasury  of  this  State. 


Reports. 
Ibid. 


School  or 
Institution    of 
learning    to 
confer    de- 
grees   only    on 
terms    ap- 
proved   by 
State    Roard 
of    Education. 
T.    L.    1912, 
Chap.    315. 


Penalty. 
Ibid. 


1 84 


MISCELLANEOUS  LAWS. 


rx^mptsch00ls        424.  (3-)   Nothing  in  this  act  contained  shall  apply  to 
ibid.  any  school  or  schools  conducted  under  the  public  school 


system  of  this  State. 


Persons  injur- 
ing  school 
property   or 
disturbing 
schools 
disorderly. 


Extract  from  an  act  entitled  "An  act  concerning  disorderly 
persons"    (Revision  of   1898). 

425.  (4-)  Any  person  who  shall  enter  the  buildings  or 
go  upon  the  lands  belonging  to  any  public  school  district  of 
this  state,  or  used  and  occupied  for  school  purposes  by 
any  public  school  in  this  state,  and  shall  break,  injure  or 
deface  such  building  or  any  part  thereof,  or  the  fences  or 
outhouses  belonging  to  or  connected  with  such  building 
or  lands,  or  shall  disturb  the  exercises  of  such  public 
school,  or  molest  or  give  annoyance  to  the  children  attend- 
ing such  school,  or  any  teacher  therein,  shall  be  deemed 
and  adjudged  to  be  a  disorderly  person. 


Penalty  for 
bribery. 


Penalty    for 

officers 

having    an 

interest    in 

furnishing 

supplies. 

Ibid. 


Extracts  from  an  act  entitled  "An  act  for  the  punishment 
of  crimes"  (Revision  of  1898). 

426.  (28.)  Any  member  or  officer  of  any  state,  county 
or  city  government,  or  any  member  of  any  public  board, 
association  or  commission,  who  shall  hereafter  solicit  or 
receive  either  directly  or  indirectly,  any  money  or  valu- 
able thing,  reward  or  commission  for  his  vote  in  the  ap- 
pointment or  selection  of  any  person  or  persons  to  any 
position  in  any  department  of  any  public  body  aforesaid, 
shall  be  guilty  of  a  misdemeanor,  and  shall  be  punished 
accordingly,  and  be  forever  thereafter  disqualified  from 
holding  any  office  of  profit,  trust  or  emolument  in  this 
state. 

427.  (29.)  Any  employe  or  person  having  the  whole  or 
partial  control  or  management  of  any  institution,  the 
moneys  for  the  support  of  which  are  drawn  in  whole  or 
in  part  from  the  treasury  of  the  state,  or  any  county  or 
city  thereof,  who  shall  be  directly  or  indirectly  interested 
in  furnishing  any  goods,  chattels,  supplies  or  property  of 
any  kind  whatsoever,  to  or  for  the  use  of  any  such  in- 
stitution, shall  be  guilty  of  a  misdemeanor. 


MISCELLANEOUS  LAWS. 


185 


428.  (30.)  Any  person  who  shall  directly  or  indirectly 
give,  or  receive,  or  promise,  contract  or  agree  to  give  or 
receive,  any  sum  or  sums  of  money,  or  any  goods,  chattels, 
gifts,  lands  or  real  estate,  or  any  other  thing,  present  or 
reward  whatsoever,  to  secure  or  obtain,  or  to  give  out  or 
grant  the  printing  of  blanks,  notices,  advertisements,  or 
any  other  printing,  or  any  other  work  or  thing,  connected 
with,  or  in  or  appertaining  to,  any  office  or  department  of 
the  government  of  this  state,  or  any  office  or  department 
of  the  government  of  any  county,  city,  town,  township, 
borough  or  other  place  in  this  state,  shall  be  guilty  of  a 
misdemeanor. 

429.  (31-)  Any  person  or  persons,  board  or  body 
charged  with  or  having  the  control  of  any  State  office,  de- 
partment or  institution,  any  board  of  chosen  freeholders,  or 
any  township  committee,  or  any  board  of  aldermen,  or 
common  councilmen,  or  any  board  of  education,  or  any 
board  of  commissioners  of  any  county,  township,  city, 
town,  or  borough  in  this  State,  or  any  committee  of  any 
such  board,  committee  or  commission,  which,  or  any  mem- 
ber thereof  who,  shall  disburse,  order  or  vote  for  the  dis- 
bursement of  public  moneys,  in  excess  of  the  appropria- 
tion respectively  to  any  such  board  or  committee ;  or  which 
board  or  committee,  or  any  member  thereof,  who  shall 
incur  obligations  in  excess  of  the  appropriation  and  limit 
of  expenditure  provided  by  law  for  the  purposes  respec- 
tively of  any  such  board  or  committee,  thus  disbursing, 
ordering  or  voting  for  the  disbursement  and  expenditure 
of  public  moneys,  or  thus  incurring  obligations  in  excess 
of  the  amount  appropriated,  and  limit  of  expenditure  as 
now  or  hereafter  appropriated,  and  limited  by  law,  shall 
be  jointly  or  severally  guilty  of  a  misdemeanor;  provided, 
nothing  herein  shall  prevent  any  board  of  education  from 
keeping  open  the  public  schools. 

430.  (32-)  Any  member  of  any  board  of  chosen  free- 
holders, or  any  township  committee,  or  any  board  of  edu- 
cation in  any  school  district,  or  any  board  of  aldermen  or 
common  council  in  any  city,  or  any  board  of  commissioners 
of  any  county,  township,  city,  town  or  borough  in  this 
state,  who  shall  be  directly  or  indirectly  concerned  in  any 


Penalty    for 

bribery. 

Ibid. 


Disburse- 
ments or   in- 
curring obliga- 
tions  in   ex- 
cess   of    ap- 
propriation a 
misdemeanor. 
P.    L.    1914, 
Chap.     219. 


Proviso. 


Officials  not 
to    be    inter- 
ested   in   con- 
tracts  for 
buildings    or 
supplies. 
P.    L.    1907. 
p.    292. 


i86 


MISCELLANEOUS  LAWS. 


Manner    of 
advertising 
and    receiving 
proposals. 
Revision   of 
1908. 


agreement  or  contract  for  the  construction  of  any  bridge 
or  building  of  any  kind  whatsoever,  or  any  improvement 
whatever  to  be  constructed  or  made  for  the  public  use  or 
at  the  public  expense,  or  shall  be  a  party  to  any  contract 
or  agreement,  either  as  principal  or  surety,  between  the 
county,  township,  city,  town,  borough  or  school  district, 
as  the  case  may  be,  and  iuny  other  party,  or  who  shall  be 
directly  or  indirectly  interested  in  furnishing  any  goods, 
chattels,  supplies  or  property  of  any  kind  whatsoever  to 
or  for  the  county,  township,  city,  town,  borough  or  school 
district,  the  contract  or  agreement  for  which  is  made  or 
the  expense  or  consideration  of  which  is  paid  by  the  board, 
council  or  committee  of  which  such  member  is  a  part,  shall 
be  guilty  of  a  misdemeanor. 

431.  (33-)  When  bids  or  proposals  for  supplies  or  for 
public  works  or  buildings  or  other  public  purposes  are 
asked  for  by  boards  of  managers  having  charge  of  any 
of  the  public  institutions  of  this  state,  or  by  boards  of 
freeholders,  common  councils,  boards  of  works  or  other 
bodies  having  control  of  the  counties,  cities  or  other  mu- 
nicipal bodies  of  this  state  or  any  department  of  the  same, 
or  any  committees  representing  such  boards  or  bodies^ 
such  boards  or  bodies  or  committees  shall  proceed  in  the 
manner  following,  to  wit:  said  boards  or  governing  bodies 
or  committees  shall  give  public  notice  at  the  time  such  bids 
or  proposals  are  advertised  of  the  time  and  place  when 
such  bids  shall  be  received,  and  at  such  time  and  place  the 
said  board  or  governing  body  or  committee,  being  in  ses- 
sion, shall  receive  such  bids,  and  thereupon  immediately 
proceed  to  unseal  the  same  and  publicly  announce  the  con- 
tents in  the  presence  of  the  parties  bidding  or  their  agents, 
providing  said  parties  or  agents  choose  to  be  then  and 
there  present,  and  also  make  proper  record  of  the  prices 
and  terms  upon  the  minutes  of  the  body ;  no  bids  shall  be 
received  previous  to  the  hour  designated  in  the  public 
notice,  and  none  shall  be  received  thereafter;  and  any 
failure  to  comply  with  the  provisions  hereof  shall  be  a  mis- 
demeanor. 


MISCELLANEOUS  LAWS. 


187 


STATE   BOARD   OF   CHILDREN  S   GUARDIANS. 


432     (1.)    There  shall  be  appointed  by  the  Governor   state  board 
seven  persons,  two  of  whom  shall  be  women,  who  shall  be    guardians; 

>  i-  e     aintoluttni'nt 

known  as  the  state  board  of  children  s  guardians,  two  01    and  term. 

r,  .  ,  ,  V.    L,    1895, 

whom  shall  hold  office  for  two  years,  two  for  four  years  chap.  165. 
and  three  for  six  years,  as  shall  be  indicated  by  the  Gov- 
ernor on  making  their  appointment,  and  thereafter  all  ap- 
pointments, except  to  fill  vacancies  in  the  said  board,  shall 
be  for  six  years,  and  shall  be  made  by  the  Governor ;  said 
board  shall  receive  no  compensation  for  their  time  or  Expenses  met 
services  but  the  actual  and  necessary  expenses  of  each  of 
them  while  engaged  in  the  performance  of  the  duties  of  his 
or  her  office. 

433.   (2.)   In  case  of  the  death  or  resignation  of  any    J'"j"nc,e" 
member,  or  in  case  any  member  ceases  to  be  a  resident  or 
citizen  of  this  state,  it  shall  be  the  duty  of  the  Governor 
to  fill  such  vacancy  for  the  unexpired  term  only,  and  any 
member  may  be  removed  by  the  Governor  for  cause. 

434  (O  Said  board  of  children's  guardians  shall  have  Power  ami 
and  it  is  hereby  vested  with  power  to  adopt  a  seal  and  un- 
reasonable rules  and  regulations;  said  board  of  children's 
guardians  shall  have  the  care  of  and  maintain  a  general 
supervision  over  all  indigent,  helpless,  dependent,  aban- 
doned, friendless  and  poor  children  who  may  now  be  or 
who  may  hereafter  become  public  charges ;  and  said  board 
shall  have  the  care  of  and  maintain  supervision  over  all 
children  adjudged  public  charges,  who  may  now  be  in  the 
charge,  custody  and  control  of  any  county  asylum,  county 
home,  almshouse,  poorhouse,  charitable  institution,  home 
or  family,  to  which  such  child  or  children  may  be  or  have 
been  committed,  confined,  adopted,  apprenticed,  indentured 
or  bound  out;  said  board  shall  have  and  is  hereby  vested 
with  power  to  appoint  such  agents,  one  being  a  woman, 
and  other  subordinate  officers  as  it  may  deem  necessary; 
said  board  shall  fix  their  compensation,  subject  to  the  ap- 
proval of  the  Governor,  and  the  amount  paid  for  com- 
pensation of  such  agents  and  other  officers  shall  not  ex- 
ceed the  sum  appropriated  by  the  legislature  for  the  pur- 
pose. 


1 88 


MISCELLANEOUS  LAWS. 


Further  duty. 
P.    L.    1902, 
Chap.    160. 


F'rovlso. 


Proviso. 


Visitations. 
P.    L,.    1895, 
Chap.    165. 


Reports. 


435.  (4-)  It  shall  be  the  duty  of  the  state  board  of 
children's  guardians,  when  any  child  shall  become  a  public 
charge,  to  place  such  child  in  the  care  of  some  family 
within  this  state,  with  or  without  the  payment  of  board, 
and  with  or  without  indenture ;  and  it  shall  further  be  the 
duty  of  such  state  board  of  children's  guardians  to  place 
such  child  in  the  care  of  some  family  of  the  religious  faith 
of  the  parent  or  parents  of  such  child,  and  during  the 
period  in  which  the  state  board  of  children's  guardians  is 
seeking  such  family  for  such  child  and  until  such  family 
is  secured  as  hereinbefore  provided,  it  shall  be  the  duty 
of  the  state  board  of  children's  guardians  to  place  such 
child  in  the  custody  of  an  institution  in  this  state  for  the 
care  of  children ;  provided,  that  the  institution  in  which 
the  child  is  placed  shall  be  one  maintained  for  children 
of  the  religious  faith  of  the  parent  or  parents  of  such 
child  when  such  an  institution  exists  therein ;  in  case  no 
institution  of  such  religious  faith  exists  in  this  state,  then 
the  said  board  of  children's  guardians  shall  use  its  discre- 
tion in  providing  an  institution  for  the  care  of  such  child 
until  a  family  has  been  secured;  provided,  that  nothing 
in  this  act  contained  shall  be  construed  as  giving  such 
state  board  the  custody  of  any  child  heretofore  or  here- 
after placed  by  a  board  of  chosen  freeholders  in  a  duly 
incorporated  charitable  institution  located  in  the  county 
where  such  child  shall  have  been  committed  as  a  public 
charge  pursuant  to  an  act  approved  March  twenty-fifth, 
anno  domini  one  thousand  eight  hundred  and  eighty-one, 
entitled  "A  supplement  to  an  act  entitled  'An  act  for  the 
settlement  and  relief  of  the  poor'  (Revision),  approved 
March  twenty-fifth,  one  thousand  eight  hundred  and 
seventy-four." 

436.  (5-)  It  shall  be  the  duty  of  the  state  board  of  chil- 
dren's guardians  to  visit,  by  its  agent  or  agents,  quarterly, 
all  children  who  may  be  committed  under  this  act,  and  also 
any  home,  asylum,  institution  or  private  family  where  any 
such  child  or  children  may  be  placed;  said  board  shall 
report  from  time  to  time  to  the  Governor,  and  make  a 
yearly  report  to  the  Governor  and  legislature  of  the  state, 
showing  in  detail  the  work  of  said  board  for  that  time. 


MISCELLANEOUS  LAWS. 


189 


437.  (6.)  The  county  board  of  chosen  freeholders  of 
the  respective  counties  of  this  state  shall  annually  here- 
after provide  sufficient  funds  for  the  objects  of  this  act  in 
their  respective  counties  for  the  support,  care  and  edu- 
cation and  maintenance  of  any  child  or  children  adjudged 
to  be  a  public  charge,  and  who  shall  become  thereby  wards 
of  the  state  board  of  children's  guardians;  said  sum  shall 
not  be  less  than  one  dollar  and  fifty  cents  per  week  for 
each  child. 

438.  (7-)  It  shall  be  the  duty  of  the  proper  officers  in 
any  county,  township,  borough,  city  or  other  municipality 
in  any  county  in  the  state  having  jurisdiction  to  provide 
in  their  annual  budget  for  the  expense  of  maintaining  such 
children  as  aforesaid ;  said  sum  not  to  be  less  than  one 
dollar  and  fifty  cents  per  week  for  each  child. 

439.  (8-)  It  shall  be  the  duty  of  every  overseer  of  the 
poor  or  other  officer  in  any  borough,  city,  county,  town- 
ship or  other  municipality  in  any  county  in  the  state,  hav- 
ing jurisdiction  and  power  to  do  so,  to  commit  such  child 
or  children  to  the  care  of  the  keeper  of  the  almshouse  or 
such  other  institution  where  he  would  commit  such  child 
or  children,  for  the  term  of  thirty  days  after  the  date  of 
such  commitment ;  thereupon  he  shall  forthwith  give  a 
written  notice  of  such  commitment  to  the  state  board  of 
children's  guardians,  which  notice  shall  contain  a  de- 
scription -of  such  child,  or  children,  embracing  its  or  their 
name,  age,  sex,  religion,  faith  of  its  or  their  parent  or 
parents,  date  of  commitment  and  such  other  information 
as  such  officer  has  been  able  to  ascertain;  upon  such  com- 
mitment being  made  by  such  officer  as  aforesaid,  such 
child  or  children  shall  immediately  become  the  ward  or 
wards  of  the  state  board  of  children's  guardians,  and  said 
state  board  of  children's  guardians  shall  thereupon,  for  all 
intents  and  purposes,  become  and  be  declared  the  legal 
guardian  of  such  child,  and  entitled  to  its  custody,  and 
which  right  of  guardianship  shall  supersede  any  right  of 
the  parents  of  said  child,  so  far  as  its  custody  is  con- 
cerned ;  but  said  board  may  surrender  such  right  to  one 
or  both  parents,  if  in  the  opinion  of  said  board  the  best 
interests  of  said  child  will  be  promoted  thereby,  and  the 


Funds    pro 
Tided  by 

chosen  freo- 

holders. 

Ibid. 


Provisions  for 
expenses    In 
annual 
budget. 
Ibid. 


Duty 

of 

overseer   of 

poor. 
P.    L. 

1902 

Chap. 

ieo. 

Wards    of 

state 

guardians. 


190 


MISCELLANEOUS  LAWS. 


Children 
placed    as 
soon    as 
possible. 
T.    L.    1895. 
Chap.    165. 


Retnrn 
children   to 
parents. 
Ibid. 


Until    effective 
organization 
Is    completed. 
Ibid. 


Remain    as 

guardians. 

Ibid. 


Act.  how 
construed. 
Ibid. 


parent  or  parents  are  of  good  moral  character  and  capable 
of  maintaining  said  child ;  and  said  keeper  of  the  alms- 
house or  other  institution  shall,  within  forty-eight  hours 
after  such  child  is  placed  in  his  care,  notify  said  board  of 
children's  guardians  of  the  presence  of  said  child  in  said 
almshouse  or  institution. 

440.  (9-)  It  shall  be  the  duty  of  the  state  board  of  chil- 
dren's guardians,  upon  receipt  of  the  notice  of  the  com- 
mitment of  any  child  as  hereinbefore  provided,  to  place 
such  child  or  children  in  the  manner  hereinbefore  pro- 
vided as  soon  as  possible  thereafter ;  and  in  no  case  shall 
said  child  or  children  who  may  hereafter  be  committed  as 
public  charges,  who  may  be  over  the  age  of  twelve  months, 
be  confined  in  such  almshouse  for  a  longer  period  than 
thirty  days,  and  the  keeper  of  such  almshouse  shall  sur- 
render such  child  or  children  to  the  care  and  custody  of 
the  state  board  of  children's  guardians  at  any  time  within 
thirty  days,  when  surrender  is  demanded. 

441.  (10.)  The  state  board  of  children's  guardians  may, 
in  its  discretion,  return  any  child  or  children  becoming 
wards  of  said  state  board  to  the  parent  or  parents  or  other 
relative  agreeing  to  assume  the  care  and  maintenance  of 
such  child  or  children  or  of  sufficient  ability  to  do  so. 

442.  (11.)  The  state  board  of  children's  guardians  may, 
in  their  discretion,  for  the  purpose  of  effective  organiza- 
tion require  the  continuance  of  children  in  almshouses  or 
other  places  where  such  children  may  be  kept  for  a  period 
of  not  longer  than  six  months  after  the  passage  of  this  act. 

443.  (12.)  The  state  board  of  children's  guardians  shall 
remain  the  guardian  of  all  children  indentured,  bound  out 
or  put  forth,  who  may  now  be  or  may  hereafter  become 
public  charges. 

444.  (13-)  This  act  shall  be  construed  liberally  and  for 
the  benefit  of  any  child  or  children  so  becoming  ward  or 
wards  of  such  state  board  of  children's  guardians  as  afore- 
said. 


MISCELLANEOUS  LAWS.  191 

An  Act  to  provide  for  instruction  in  preventing  accidents. 

Be  it  enacted  by  the  Senate  and  General  Assembly  of 
the  State  of  New  Jersey: 

445.  (*•)  It  shall  be  the  duty  of  each  teacher  in  public,    Tenotien.  in 

1  1       •  1         c  r    xt  t  pnlillc    and 

private  and  parochial  schools  in  the  State  of  New  Jersey    private  spools 

,  .....  .  .  ,  to    Instruct 

to  devote  not  less  than  thirty  minutes  in  each  two  weeks  pupils  how  to 

during  which  such  school  is  in  session  to  instructing  the  dents. 

pupils  thereof  as  to  the  ways  and  means  of  preventing  chap!  269.' 
accidents. 

446.  (2.)  The  State  Commissioner  of  Education,  act-   ivst-booi™. 
ing  in  conjunction  with  the  members  of  the  Employers' 
Liability  Commission  and  the  director  of  the  American 
Museum  of  Safety,  shall  cause  to  be  prepared  and  pub- 
lished at  the  expense  of  the  State,  a  handbook  or  manual 

on  accident  prevention,  conveniently  arranged  in  lessons 
or  chapters  adapted  to  the  understanding  of  the  various 
class  grades,  for  the  purpose  of  the  instructions  provided 
for  in  the  preceding  section,  and  shall  furnish  a  copy  there- 
of to  each  teacher  required  to  give  such  instructions. 

447.  (3-)  At  least  once  during  each  school  term  arrange-    lectures, 
ments  shall  be  made  by  the  principals  of  all  schools  for 

the  delivery  by  a  duly  authorized  representative  of  the 
American  Museum  of  Safety  of  a  lecture  on  accident  pre- 
vention and  industrial,  home  and  school  hygiene,  the  cost 
of  which  to  be  paid  by  the  State. 

448.  (4.)    The   local  boards  of   education,   school  di-    i^w  to  t* 
rectors,  trustees  or  other  persons  having  control  of  the    manual. 
schools  of  cities,  villages,  townships  or  other  civic  sub- 
divisions of  territory,  whether  the  same  be  public,  private 

or  parochial,  shall  cause  a  copy  of  the  next  three  preced- 
ing sections  to  be  printed  in  the  manual  or  handbook  pre- 
pared for  the  guidance  of  teachers  where  such  manual  or 
handbook  is  in  use. 


Rules  and  Regulations 


PRESCRIBED   BY    THE 


State  Board  of  Education 


193 


Rules  Relating  to  Certificates. 


GENERAL  REGULATIONS. 

i.  No  person  shall  be  employed  as  teacher,  principal  or  supervisor 
by  any  Board  of  Education  in  this  State,  unless  at  the  time  he  begins 
teaching  he  shall  hold  a  certificate,  which  certificate  shall  be  in  full 
force  and  effect  in  this  State  and  valid  for  the  position  to  be  filled. 
Any  person  accepting  a  position  as  teacher  in  any  school  shall, 
before  entering  upon  the  duties  of  such  position,  exhibit  his  certifi- 
cate to  the  County  Superintendent  of  Schools  or  the  City  Superin- 
tendent of  Schools  of  the  county  or  the  city  in  which  such  school 
shall  be  situate.  Article  VIII,  section  113,  of  the  School  Law  (P. 
L.  1903,  Special  Session),  provides  that  "No  teacher  shall  be  en- 
titled to  any  salary  unless  such  teacher  shall  be  the  holder  of  an 
appropriate  teacher's  certificate."  It  shall  be  the  duty  of  the  Super- 
vising Principal  of  any  district,  or  in  case  there  is  no  Supervising 
Principal,  of  the  principal  of  any  public  school  in  this  State  under 
supervision  of  the  County  Superintendent,  and  any  City  Superin- 
tendent in  district  having  no  board  of  examiners,  to  ascertain  if 
teachers  assigned  to  said  school  or  schools  have  complied  with  the 
requirements  of  law  regarding  certificates,  and  to  report  promptly 
to  County  Superintendent  such  information  about  certificates  as 
may  be  legally  required.  Any  neglect  to  report  as  aforesaid  shall  be 
reported  by  County  Superintendent  to  Commissioner  of  Education, 
who  shall  take  such  action  as  he  may  deem  proper. 

No  salary  shall  be  paid  a  new  teacher  until  he  or  she  presents  to 
the  secretary  of  the  board  of  education  of  district  in  which  said 
teacher  is  employed,  a  signed  statement  from  the  County  Superin- 
tendent of  Schools  to  the  effect  that  said  teacher  is  legally  authorized 
to  teach  and  receive  public  school  money  for  services  when  rendered. 

2.  Any  applicant  for  a  certificate  shall  be  at  least  eighteen  years 
of  age,  shall  file  testimonials  as  to  moral  character,  a  physician's 

195 


196  RULES  AND  REGULATIONS. 

certificate  that  an  applicant  is  in  good  health  and  free  from  any 
disease  or  physical  defect  that  will  interfere  with  his  or  her  success 
as  a  teacher,  and  in  case  of  previous  experience,  testimonials  as  to 
his  or  her  success  in  teaching,  and  shall  also  present  a  written  state- 
ment giving  the  places  in  which  he  or  she  has  taught  and  terms  of 
service  in  each.  (Certified  copies  of  testimonials  will  be  accepted 
in  lieu  of  originals.) 

3.  Applications  for  State  Certificates  should  be  filed  through  the 
County  Superintendent,  with  the  State  Board  of  Examiners,  at 
least  one  month  prior  to  the  date  of  the  examination. 

4.  No  certificate,  granted  upon  examination,  shall  be  issued  to 
any  person  whose  percentage  in  any  subject  covered  by  the  exam- 
ination shall  fall  below  seventy  per  cent. 

5.  An  applicant  to  have  his  certificate  renewed  or  made  per- 
manent shall  secure  a  testimonal  of  success  from  his  County  or  City 
Superintendent,  who  shall  file  the  same  with  the  State  Board  of 
Examiners. 

6.  Certificates  in  force  July  1,  191 1,  and  June  14,  1913,  shall  be 
renewed,  upon  application,  by  the  State  Board  of  Examiners,  but 
shall  be  valid  only  as  originally  issued ;  provided,  that  in  renewing 
or  making  permanent  such  certificates  the  State  Board  of  Examiners 
shall  be  governed  by  the  rules  in  force  at  the  time  the  certificates 
were  originally  granted. 

7.  Certificates  to  teach  in  New  Jersey  may  be  issued  as  follows : 

(a)  State  Certificates  issued  by  the  State  Board  of  Examiners, 
valid  in  any  school  district  in  the  State,  for  the  grades  covered  by 
said  certificates. 

(b)  City  Certificates  issued  by  City  Boards  of  Examiners  in 
cities  where  there  are  such  boards,  valid  only  in  the  city  where 
they  are  issued. 

(c)  City  certificates  or  diplomas  issued  to  graduates  of  city  nor- 
mal or  training  schools,  valid  only  in  the  city  where  they  are  issued. 

8.  The  State  Board  of  Examiners  shall  issue  State  Certificates 
of  the  following  classes :  Elementary,  Secondary,  Supervisors, 
Special,  Vocational  and  Provisional. 

9.  The  State  Board  of  Examiners  may,  under  Rules  and  Regula- 
tions prescribed  by  the  State  Board  of  Education,  revoke  for  cause 
any  certificate  granted  by  any  Board  of  Examiners. 


RULES  AND   REGULATIONS.  197 

DEFINITIONS    FOR    FURPOSES   OF    CERTIFICATION. 

10.  A  Kindergarten  School  is  a  school  for  children  "over  the  age 
of  four  and  under  the  age  of  seven  years."  (Article  XII,  School 
Law). 

11.  An  Elementary  School  is  a  school  in  which  there  are  any  or 
all  of  the  first  eight  years  of  work  exclusive  of  the  kindergarten. 

12.  A  Secondary  School  is  a  school  in  which  there  are  any  or  all 
of  the  four  years  of  work  following  the  elementary  school. 

13.  A  Vocational  School  is  a  school  organized  for  the  specific 
purpose  of  providing  vocational  education  as  authorized  in  Chap. 
294,  P.  L.  191 3. 

14.  The  term  "year"  shall  mean  a  period  of  not  less  than  nine 
months  of  twenty  school  days  each. 

15.  The  term  "Supervisor"  includes  County  and  City  Superin- 
tendents, Supervising  Principals,  Principals  of  graded  schools  who 
devote  their  entire  time  to  supervision,  and  Supervisors  of  elemen- 
tary or  high  schools.  It  does  not  include  Supervisors  of  special 
departments,  as  Manual  Training,  Kindergarten,  etc. 

DATES   AND   PLACES. 

16.  There  shall  be  two  stated  examinations  for  State  Certificates 
each  year.  Said  examinations  shall  be  held  on  the  first  three  Sat- 
urdays of  November  and  on  the  last  three  Saturdays  of  April,  re- 
spectively, at  places  arranged  for  by  the  State  Board  of  Examiners 
with  the  County  and  City  Superintendents  of  the  respective  counties 
and  cities.  Other  examinations  may  be  held  by  the  State  Board  of 
Examiners  at  such  times  and  places  as  said  Board  may  determine. 

STATE    CERTIFICATES. 

17.  State  Certificates  may  be  obtained  either  by  endorsement  or 
by  examination. 

I.  By  Endorsement: 

In  lieu  of  examinations  the  State  Board  of  Examiners  will  ac- 
cept, only  on  terms  of  reciprocity : 

(a)  The  diploma  of  a  State  Normal  School  of  another  State, 
provided  that  such  Normal  School  diploma  covers  work  equivalent 
to  that  required  in  this  State  for  a  Normal  School  diploma,  and 


198  RULES  AND  REGULATIONS. 

provided  further  that  the  entrance  requirements  for  such  Normal 
School  shall  have  been  the  equivalent  of  those  required  for  admis- 
sion to  Normal  Schools  in  this  State,  except  that  Normal  School 
diplomas  issued  in  States  not  having  a  State  system  of  certification, 
and  which  are,  therefore,  unable  to  grant  said  reciprocal  privileges, 
may  be  endorsed  as  hereinabove  provided. 

(b)  A  permanent  State  certificate  granted  in  another  State  on 
examination,  provided  that  such  State  certificate  covers  work  equiva- 
len  to  that  in  this  State  for  the  grade  of  certificate  for  which  appli- 
cation is  made. 

The  State  Board  of  Examiners  will  also  accept: 

(c)  The  diploma  of  an  approved  college  for  the  subjects  covered 
by  said  diploma,  subject,  however,  to  the  specific  requirements  of 
the  various  classes  of  certificates  hereinafter  described. 

(d)  A  New  Jersey  county  certificate  other  than  special,  or  a 
State  certificate  for  the  subjects  included  in  said  certificate,  pro- 
vided such  certificates  shall  have  been  in  full  force  and  effect  in  this 
State  within  five  years  next  preceding  the  date  of  the  stated  exam- 
inations for  teachers'  certificates;  and 

(e)  Any  credit  heretofore  given  by  any  County  Board  of  Exam- 
iners for  any  certificate  other  than  special ;  and 

(f)  Subject  to  the  specific  requirements  of  the  various  classes  of 
certificates  hereinafter  described,  records  from  approved  Universi- 
ties or  Colleges,  Technical  Schools  or  approved  Summer  Schools, 
of  the  satisfactory  completion  of  a  course  of  study  in  any  subject 
required  for  any  grade  of  certificate,  provided  the  record  of  the 
same  be  submitted  under  seal  or  affidavit  of  the  institution. 

II.  By  Examination: 

All  applicants  for  State  Certificates  by  examination  shall  pass 
examinations  in  all  subjects  prescribed,  except  in  those  subjects 
from  which  they  have  been  exempted  by  endorsement  in  accordance 
with  the  provisions  under  Section  I,  Rule  17,  of  this  Manual. 

EXAMINATIONS    FOR    CERTIFICATES. 

18.  The  order  in  which  the  subjects  shall  be  taken  at  an  examina- 
tion shall  be  determined  by  the  State  Board  of  Examiners.* 

*For  schedules  see  after  rule. 

- 


RULES  AND   REGULATIONS.  199 

ELEMENTARY   CERTIFICATES. 

19.  After  September  1,  1914,  the  applicant  must  have  had  three 
years  of  a  course  in  an  approved  High  School  or  the  equivalent; 
and  after  September  1,  1915,  must  be  a  graduate  of  such  school  or 
must  have  had  an  equivalent  education. 

20.  Limited.  An  applicant  for  a  Limited  Elementary  Certificate, 
upon  examination,  shall,  unless  exempted  in  accordance  with  the 
provisions  of  Rule  17,  Section  I,  of  this  Manual,  be  examined  in  the 
following  subjects: 

Orthography,  Reading, 

Geography,  United  States  History, 

English  Grammar,  English  Composition, 

School  Management,  Penmanship, 

Arithmetic,  including  Business         Drawing. 

Forms, 
Physiology  and  Hygiene,  includ- 
ing Health  Exercises, 

21.  This  certificate  shall  be  valid  for  one  year  from  the  beginning 
of  the  school  year  in  which  the  applicant  begins  to  teach,  at  the  end 
of  which  it  may  be  renewed  without  examination  for  two  years. 

22.  This  renewed  certificate  may  be  again  renewed  for  a  further 
term  of  two  years,  provided,  the  applicant  shall  have  received  credit 
either  by  examination  or  by  endorsement  for  at  least  four  required 
and  two  elective  subjects  prescribed  for  a  Permanent  Elementary 
Certificate.     (See  Rule  24,  subdivision  b). 

23.  A  Limited  Elementary  Certificate  shall  entitle  the  holder  to 
teach  in  any  Elementary  School,  but  not  to  supervise  instruction. 

24.  A  Limited  Elementary  Certificate  may  be  made  permanent, 
(a)   After  three  years  (from  date  of  issue)  of  successful  teach- 
ing in  this  State,  and  after  an  examination  in  the  following  required 
subjects,  unless  exempted  in  accordance  with  the  provisions  of  Rule 
17,  Section  I : 

Psychology,  Manual  Training, 

Civics,  General    History,    including   the 

History  of  Education,  History  of  Greece  and  Rome. 

Literature,   including   Literature  Elementary  School  Physics, 
for  the  grades, 


20O  RULES  AND  REGULATIONS. 

and  any  three  of  the  following  electives: 

Botany,  Chemistry, 

Vocal  Music,  Zoology, 

Agriculture,  Plane  Geometry, 

Elementary  Algebra,  Advanced  U.  S.  History, 

and  any  one  of  the  following  may  be  taken  as  one  of  the  three 
electives : 

Latin,  German,  French. 

(b)  After  five  years  (from  date  of  issue)  of  successful  teaching 
in  this  State,  provided  that  at  the  expiration  of  the  first  three  years 
the  applicant  shall  have  received  credit,  either  by  examination  or 
by  endorsement  for  at  least  four  required  and  two  elective  subjects 
prescribed  for  a  Permanent  Elementary  Certificate,  and  in  addition 
shall,  during  the  next  two  years,  receive  credit  by  examination  or 
endorsement  for  each  of  the  remaining  subjects,  as  prescribed  above. 

25.  A  Permanent  Elementary  Certificate  shall  entitle  the  holder, 

(a)  To  teach  in  any  elementary  school, 

(b)  To  supervise  teaching  in  any  elementary  branch  of  study, 

(c)  To  supervise  any  elementary  department, 

(d)  To  be  the  Principal  of  any  elementary  school  that  is  under  a 
City  Superintendent, 

(e)  To  be  the  Principal  of  an  elementary  school  or  the  elemen- 
tary schools  of  a  district  employing  not  more  than  nine  assistant 
teachers  and  not  under  a  local  Superintendent  or  Supervising  Prin- 
cipal. 


SECONDARY  CERTIFICATES. 

26.  An  applicant  for  a  limited  secondary  certificate  shall  hold  a 
diploma  from  an  approved  college,  or  a  diploma  from  an  approved 
four-year  high  school  teachers'  course  of  a  State  Normal  School, 
or  shall  be  the  holder  of  a  New  Jersey  Permanent  Elementary  State 
Certificate  or  the  equivalent.  In  addition  the  applicant  shall  be  re- 
quired to  pass  an  examination  in  such  of  the  following  subjects  as 
are  not  covered  by  such  diploma  or  certificate: 

(a)   The  subject  or  subjects  to  be  taught, 


RULES   AND   REGULATIONS.  201 

(b)  School  Management  and  Methods  of  Teaching,  with  special 
reference  to  Secondary  Education, 

(c)  History  of  Education, 

(d)  Psychology  with  special  reference  to  teaching, 

(e)  Physiology  and  Hygiene. 

All  these  subjects  may  be  taken  at  the  first  or  second  examination 
after  the  issuing  of  the  Provisional  Certificate  unless  the  applicant 
is  exempted  in  accordance  with  the  provisions  of  Rule  17,  Section 
I,  or  at  the  option  of  the  applicant  they  may  be  taken  as  follows : 

(a)  The  subject  or  subjects  to  be  taught  and  also  Physiology  and 
Hygiene  must  be  passed  or  credit  obtained  at  the  first  examination 
after  the  issuing  of  the  Provisional  Certificate. 

(b)  School  Management  and  Methods  of  Teaching  with  special 
reference  to  Secondary  Education,  at  the  second  examination  after 
the  issuing  of  the  Provisional  Certificate. 

(c)  History  of  Education,  Psychology  and  School  Management 
and  Methods  of  Teaching  with  special  reference  to  Secondary  Edu- 
cation, if  the  applicant  failed  to  pass  in  a  previous  examination  or 
has  not  received  credit  as  above  provided,  at  the  third  or  fourth 
examination  after  the  issuing  of  the  Provisional  Certificate. 

If  the  plan  outlined  in  subdivisions  1,  2  and  3  of  this  rule  is  chosen 
by  the  applicant  and  he  fails  to  secure  a  passing  mark  or  credit  by 
exemption  in  all  subjects  at  the  final  examination,  the  Provisional 
Certificate  lapses  and  the  applicant  is  barred  from  further  examina- 
tion for  one  year. 

27.  A  Limited  Secondary  Certificate  shall  be  valid  for  one  year 
from  the  beginning  of  the  school  year  in  which  the  applicant  begins 
to  teach,  at  the  end  of  which  time  it  may  be  renewed  without  exam- 
ination for  two  years. 

28.  A  Limited  Secondary  Certificate  shall  entitle  the  holder  to 
teach  in  any  branches  and  department  of  a  secondary  school,  in- 
cluded in  his  certificate,  but  in  no  other  subjects,  and  does  not  en- 
title the  holder  to  supervise  instruction. 

A  Limited  Secondary  Certificate  also  entitles  the  holder  to  the 
privileges  of  the  Limited  Elementary  Certificate. 

29.  A  Limited  Secondary  Certificate  may  be  made  permanent 
without  examination,  after  three  years  of  successful  teaching. 

30.  A  Permanent  Secondary  Certificate  shall  entitle  the  holder, 
(a)   To  teach  and  supervise  in  any  of  the  branches  and  depart- 
ments of  a  secondary  school  included  in  his  certificate, 


202  RULES  AND  REGULATIONS. 

(b)  To  be  the  principal  of  any  secondary  school  that  is  under  a 
city  superintendent, 

(c)  To  be  the  principal  or  supervisor  of  a  school  or  district  em- 
ploying not  more  than  nine  assistant  teachers,  not  having  a  super- 
intendent. 

A  Permanent  Secondary  Certificate  also  entitles  the  holder  to  the 
privileges  of  the  elementary  certificate.* 


SUPERVISORS  CERTIFICATE. 

31.  There  are  two  kinds  of  Supervisors  Certificate?: 

(a)  Limited, 

(b)  Permanent. 

32.  An  applicant  for  a  Limited  Supervisors  Certificate, 

(a)  Shall  be  at  least  twenty-five  years  of  age, 

(b)  Shall  hold  a  New  Jersey  Permanent  Elementary  or  Per- 
manent Secondary  Certificate,  or  the  equivalent  thereof, 

(c)  Shall  have  had  at  least  five  years'  experience  in  teaching, 

(d)  Shall  have  been  Principal  or  Supervisor  of  a  school  or 
schools  employing  at  least  five  assistant  teachers,  for  at  least  one 
year, 

(e)  Shall  present  testimonials  of  his  executive  ability  from  the 
County  or  City  Superintendent  and  the  President  or  District  Clerk 
or  Secretary  of  the  Board  of  Education  under  which  he  has  been 
employed, 

(f)  Shall  pass  an  examination  in  School  Organization,  including 
New  Jersey  School  Law,  unless  the  applicant  is  exempted  in  ac- 
cordance with  the  provisions  of  Rule  17,  Section  I. 

33.  A  Limited  Supervisor's  Certificate  may  be  made  permanent 
after  three  years  of  successful  experience  as  a  supervisor,  without 
examination. 

34.  A  Supervisor's  Certificate,  either  Limited  or  Permanent,  en- 
titles the  holder  to  supervise  instruction  in  any  of  the  elementary 
and  secondary  schools  of  the  State,  and  to  teach  in  any  branch  in- 
cluded in  securing  the  certificate.  , 


*For   restricted    powers   of   supervision   conferred   upon   holders   of   Elementary 
and  Secondary  Certificates,  see  Rules  23,  25,  28  and  30  respectively. 


RULES  AND   REGULATIONS.  203 

35.  The  following  persons  must  hold  a  Supervisor's  certificate: 

(a)  County  Superintendent, 

(b)  City  Superintendent, 

(c)  Supervising  Principal, 

(d)  Principal  of  a  school  having  more  than  nine  teachers  in  a 
district  not  having  a  local  Superintendent. 

36.  Any  person  holding  a  First  Grade  State  certificate  as  re- 
quired by  law  shall  be  deemed  and  taken  to  hold  a  Permanent  Su- 
pervisor's certificate. 

SPECIAL    CERTIFICATES. 

For  provisions  regarding  exemptions,  the  applicant  should  consult 
Rule  17,  section  I. 

37.  Limited.    A  limited  special  certificate  may  be  issued  to  teach : 

Kindergarten,  Physical  Training, 

Drawing,  Elocution, 

Manual  Training,  Agriculture, 

Cooking,  Evening  Schools, 

Sewing,  Evening    Schools    for    Foreign- 
Bookkeeping,  Born  Residents, 
Stenography  and  Typewriting,         Blind  Classes, 

Penmanship,  Deaf  Classes, 

Music,  Mentally  Defective  Classes, 
Modern  Languages, 

and  such  other  industrial  or  vocation  branches  as  may  be  determined 
by  the  State  Board  of  Examiners. 

38.  This  certificate  is  valid  for  one  year,  at  the  end  of  which  it 
may  be  renewed  without  examination  for  two  years. 

39.  Permanent.  A  limited  special  certificate  may  be  made  per- 
manent, without  examination,  after  three  years  of  successful  teach- 
ing. 

40.  A  special  certificate  shall  entitle  the  holder  to  teach  or  super- 
vise any  grade  in  the  subject  or  subjects  covered  by  such  certificate. 


204  RULES  AND  REGULATIONS. 

QUALIFICATIONS  OF  APPLICANTS   FOR  SPECIAL  CERTIFICATES. 

41.  For  the  Kindergarten  Certificate  the  applicant  must  be  a 
graduate  of  an  approved  four-year  high  school  course  or  its  equiva- 
lent, and  shall  pass  one  examination  in  which  will  be  included  ques- 
tions on  Kindergarten  Theory,  Kindergarten  Drawing,  Music  (three 
subjects  covered  by  one  paper). 

42.  For  the  Drawing  Certificate  the  applicant  shall  pass  two  ex- 
aminations, as  follows: 

(a)  Drawing, 

(b)  Plane  Geometry,  unless  exempted  by  State  Board  of  Exam- 
iners. 

43.  For  the  Manual  Training  Certificate  there  shall  be  proof  of 
ability  and  the  applicant  shall  pass  two  examinations,  as  follows: 

(a)  Manual  Training, 

(b)  Mechanical  Drawing. 

44.  For  the  Cooking  Certificate  there  shall  be  proof  of  ability  and 
the  applicant  shall  pass  an  examination  on  three  subjects  included 
on  one  paper,  viz : 

(a)  Theory  and  Practice  of  Cooking, 

(b)  Household  Chemistry, 

(c)  Physiology  and  Hygiene. 

45.  For  the  Sewing  Certificate  there  shall  be  proof  of  ability  and 
the  applicant  shall  pass  one  examination  on  the  Theory  and  Practice 
of  Sewing,  including  Dressmaking. 

46.  For  the  Bookkeeping  Certificate  there  shall  be  proof  of  ability 
and  the  applicant  shall  pass  five  examinations,  as  follows: 

(a)  Bookkeeping, 

(b)  Commercial  Arithmetic, 

(c)  Commercial  Law, 

(d)  Business  Practice, 

(e)  English  Grammar,  and  Composition,  ircluding  Orthography. 

47.  For  the  Stenography  and  Typewriting  Certificate  the  appli- 
cant must  be  a  graduate  of  an  approved  four- year  high  school  or 
its  equivalent  and  shall  pass  two  examinations. 

(a)  In  Stenography  and  Typewriting. 

(b)  In  English  Grammar,  and  Composition  including  Orthog- 
raphy. 

48.  For  the  Penmanship  Certificate  there  shal'  be  proof  of  ability, 
and  the  applicant  shall  pass  one  examination  &  1  ihe  Theory  and 


RULES   AND   REGULATIONS.  205 

• 

Practice  of  Penmanship,  Orthography  and  English  Composition  and 
Grammar. 

49.  For  the  Music  Certificate  there  shall  be  proof  of  ability  and 
the  applicant  shall  pass  one  examination  on  the  History  of  Music, 
Methods  of  Teaching  Music  and  Musical  Material. 

An  applicant  for  a  Music  Certificate  must  also  file  testimonials 
from  two  qualified  teachers  of  vocal  music. 

50.  For  the  Modern  Language  Certificate  the  applicant  shall  be 
a  graduate  of  an  approved  four-year  high  school  course  or  its 
equivalent  and  shall  pass  examinations  as  follows: 

(a)  An  examination  on  each  language  which  the  applicant  is  to 
teach,  together  with  the  methods  of  teaching  the  same, 

(b)  Psychology, 

(c)  History  of  Education. 

51.  For  the  Physical  Training  Certificate  the  applicant  shall, 

(a)  Be  a  graduate  of  an  approved  fourryear  high  school,  or  its 
equivalent, 

(b)  Pass  an  examination  in  Physical  Training,  including  the 
Elements  of  Anatomy  and  Physiology  and  Hygiene, 

(c)  Present  proof  of  ability  to  give  class  instruction, 

(d)  Present  proof  of  sufficient  physical  strength, 

provided,  that  the  diploma  of  an  approved  course  of  study  in  a 
special  school  or  department  may  be  accepted  in  lieu  of  require- 
ments a,  b  and  c  as  above  stated. 

52.  For  the  Elocution  Certificate  the  applicant  shall  be  a  grad- 
uate of  an  approved  four-year  high  school  or  its  equivalent,  and 
also  be  a  graduate  of  an  approved  school  of  oratory  or  expression. 

53.  A  Limited  Agricultural  Certificate  may  be  issued  to  an  ap- 
plicant to  teach  Agriculture  in  elementary  schools,  or  to  supervise 
Home  Project  Work,  who  shall  satisfy  the  State  Board  of  Exam- 
iners, 

(a)  That  he  has  had  an  adequate  farm  experience, 

(b)  That  he  is  a  graduate  of  an  approved  four-year  high  school 
or  possesses  an  equivalent  education, 

(c)  That  he  has  successfully  pursued  at  least  one  twelve  weeks' 
course  in  agriculture  in  an  approved  agricultural  college,  or 
summer  school,  or  in  lieu  thereof  shall  pass  an  examination 
in  the  Theory  and  Practice  of  Agriculture. 

54.  Evening  School  Certificates.  The  State  Board  of  Examiners 
is  authorized  to  grant  a  Limited  Certificate,  good  for  one  year,  to 


206  RULES  AND  REGULATIONS. 

teach  in  evening  schools,  to  a  person  who  has  completed  a  four- 
year  high  school  course  of  study,  or  the  equivalent,  upon  recom- 
mendation of  the  County  or  City  Superintendent  of  Schools  of  the 
district  in  which  the  applicant  desires  to  teach;  provided,  that  this 
rule  shall  not  apply  to  applicants  to  teach  classes  in  evening  schools 
for  foreign-born  citizens. 

.55.  For  the  Evening  School  for  Foreign-Born  Residents  Certifi- 
cate the  applicant  shall, 

(a)  Be  of  good  moral  character  as  shown  by  satisfactory  testi- 
monials, 

(b)  Be  at  least  eighteen  years  of  age, 

(c)  Hold  either  a  State  or  City  Teacher's  Certificate, 
(or) 

(d)  Give  satisfactory  proof  of  having  been  an  experienced,  suc- 
cessful public  school  teacher  or, 

(e)  Give  satisfactory-  proof  of  collegiate  training  in  an  institu- 
tion of  standing  in  this  or  a  foreign  country,  together  with 
a  practical  knowledge  of  the  English  subjects  to  be  taught — 
English  Language  (reading  and  writing),  the  forms  of  gov- 
ernment and  the  simple  laws  and  regulations  concerning  the 
rights  and  duties  of  a  citizen. 

Proofs  of  these  qualifications  and  of  fitness  to  teach  in  the  Even- 
ing Schools  for  foreign-born  residents  shall  be  secured  by  the  local 
Superintendent  (or  Supervisor)  of  Schools,  and  forwarded  to  the 
State  Board  of  Examiners  or  to  the  city  Board  of  Examiners  if 
there  be  one,  and  when  approved  by  them  a  Special  Certificate  will 
be  issued  which  will  be  good  for  the  school  year  in  which  it  is  is- 
sued, and  in  the  School  District  in  which  the  service  is  to  be  ren- 
dered. 

This  may  be  renewed  yearly  on  request  of  the  Superintendent 
of  Schools  (or  Supervisor). 

56.  For  the  Blind  Class  Certificate,  an  applicant  must  have, 

(a)  The  qualifications  required  for  an  elementary  certificate  or 
its  equivalent,  and, 

(b)  Must  prove  by  examination  his  ability  and  skill  to  instruct 
blind  pupils ;  provided,  that  a  diploma  or  certificate,  proving 
that  the  applicant  has  the  above  qualifications,  may  be  en- 
dorsed. 


RULES  AND   REGULATIONS.  207 

57.  For  the  Deaf  Class  Certificate,  an  applicant  must  have, 

(a)  Qualifications  required  for  an  elementary  certificate  or  its 
equivalent,  and, 

(b)  Must  prove  by  examination  his  ability  and  skill  to  instruct 
deaf  pupils ;  provided,  that  a  diploma  or  certificate  proving 
that  the  applicant  has  the  above  qualifications  may  be  en- 
dorsed. 

58.  For  the  Mentally  Defective  Class  Certificate,  the  applicant 
shall  hold  the  regular  teacher's  certificate  or  a  kindergarten  or  man- 
ual training  certificate  and  shall  pass  three  examinations,  as  follows: 

(a)  Psychology,  with  special  reference  to  pupils  mentally  defec- 
tive, including  recognized  tests  applied  to  pupils  mentally  de- 
fective, 

(b)  Elementary  Manual  Training  for  both  boys  and  girls, 

(c)  Physical  Training,  with  special  reference  to  physical  defects. 

Courses  in  schools,  which  aim  to  prepare  teachers  of  pupils  men- 
tally defective  and  which  have  been  approved  by  the  State  Board 
of  Examiners  will  be  accepted  in  lieu  of  such  examinations.  No 
courses  offered  for  the  training  of  teachers  for  defective  children 
will  be  approved  unless  the  school  has  practice  work  with  classes  of 
defective  children. 

VOCATIONAL   CERTIFICATES. 

59.  Certificates  may  be  issued  to  applicants  for  positions  in  State- 
Aided  Vocational  Schools  and  shall  be  as  follows: 

1.  Industrial  Vocational  Certificate — 

(a)  Limited, 

(b)  Permanent. 

2.  Agricultural  Vocational  Certificate — 

(a)  Limited, 

(b)  Permanent. 

3.  Household  Arts  Vocational  Certificate— 

(a)  Limited, 

(b)  Permanent. 

4.  Technical  Vocational  Certificate — 

(a)  Limited, 

(b)  Permanent. 


208  RULES  AND  REGULATIONS. 

5.  Academic  Vocational  Certificate — 

(a)  Limited, 

(b)  Permanent. 

6.  Supervisors'  Vocational  Certificate — 

(a)  Limited, 

(b)  Permanent. 

60.  (1.)   Industrial. 

Limited.  A  Limited  Industrial  Vocational  Certificate  may  be  is- 
sued to  an  applicant  to  teach  the  shop  work  in  a  particular  vocation 
in  a  State-Aided  Vocational  School,  provided  the  applicant  passes 
a  written  examination  which  shall  satisfy  the  State  Board  of  Ex- 
aminers, 

(a)  That  he  can  read,  write  and  spell, 

(b)  That  he  knows  the  fundamental  principles  of  arithmetic  and 
other  mathematics  that  apply  to  the  vocation  to  be  taught. 

In  addition  to  the  above  requirements  he  must  present  evi- 
dence to  the  State  Board  of  Examiners, 

(c)  That  he  has  had  an  adequate  trade  experience, 

(d)  That  he  has  proved  to  a  committee  of  at  least  two  persons, 
who  themselves  have  had  experience  in  the  vocation  the  ap- 
plicant wishes  to  teach,  appointed  by  the  State  Board  of 
Examiners,  that  he  has  the  ability  to  do  the  work  of  his 
trade  and  that  he  is  familiar  with  the  operations  and  materials 
of  his  trade, 

(e)  That  he  is  at  least  twenty-one  years  old, 

(f)  That  he  has  filed  testimonials  as  to  moral  character  and  a 
physician's  certificate  of  health. 

The  Limited  Certificate  is  valid  for  one  year,  at  the  end  of  which 
it  may  be  renewed  for  two  years  upon  the  recommendation  of  both 
the  Superintendent  of  Schools  having  jurisdiction  and  the  Com- 
missioner of  Education. 

61.  Permanent.  A  Limited  Industrial  Vocational  Certificate  may 
be  made  permanent  after  three  years  of  successful  teaching,  upon 
the  recommendations  of  both  the  Superintendent  of  Schools  having 
jurisdiction  and  the  Commissioner  of  Education. 

An  Industrial  Vocational  Certificate  shall  entitle  the  holder  to 
teach  the  shop  or  practical  work  of  the  particular  vocation  specified 
on  the  face  of  the  certificate,  in  a  State-Aided  Vocational  School. 


RULES   AND    REGULATIONS.  2oy 

62.  (2.)  Agricultural. 

Limited.  A  limited  agricultural  vocational  certificate  may  be  is- 
sued to  an  applicant  to  teach  Agriculture  in  a  State-Aided  Vocational 
School,  provided  the  applicant  presents  evidence, 

(a)  That  he  has  had  adequate  and  successful  farm  experience, 

(b)  That  he  is  a  graduate  of  an  approved  agricultural  college. 

In  lieu  of  (a)  the  State  Board  of  Examiners  will  accept  evidence 
of  an  academic  training  of  at  least  two  years  beyond  the  usual  four- 
year  high  school  course  in  an  approved  college  or  normal  school,  or 
the  equivalent  thereof,  and  at  least  four  "short  courses"  in  an  ap- 
proved agricultural  college, 

(c)  That  he  is  at  least  twenty-one  years  old, 

(d)  That  he  has  filed  testimonials  as  to  moral  character  and  a 
physician's  certificate  of  health. 

The  limited  certificate  is  valid  for  one  year,  at  the  end  of  which 
it  may  be  renewed  for  two  years  upon  the  recommendations  of 
both  Superintendent  of  Schools  having  jurisdiction  and  the  Com- 
missioner of  Education. 

63.  Permanent.  A  Limited  Agricultural  Vocational  Certificate 
may  be  made  permanent  after  three  years  of  successful  teaching, 
upon  the  recommendations  of  both  the  Superintendent  of  Schools 
having  jurisdiction  and  the  Commissioner  of  Education. 

An  Agricultural  Vocational  Certificate  shall  entitle  the  holder 
to  teach  agriculture  and  the  allied  academic  subjects  in  a  State- 
Aided  Vocational  School. 

64.  (3.)   Household  Arts. 

Limited.  A  Limited  Household  Arts  Vocational  Certificate  may 
be  issued  to  an  applicant  to  teach  the  practical  work  in  a  household 
arts  vocational  school,  provided : 

(a)  That  she  presents  evidence  that  she  is  a  graduate  of  a  recog- 
nized college  or  school  giving  at  least  a  two-year  course  in  general 
household  arts. 

In  lieu  of  (a)  the  State  Board  of  Examiners  will  accept  a  satis- 
factory academic  training,  supplemented  by  adequate  experience 
in  the  household  arts. 

(b)  That  she  has  demonstrated  her  ability  under  actual  home 
conditions  to  a  committee  of  at  least  two  housekeepers  ap- 
pointed by  the  State  Board  of  Examiners,  and 

(c)  That  the  applicant  is  at  least  twenty-one  years  of  age, 


210  RULES  AND  REGULATIONS. 

(d)  That  she  has  filed  testimonials  as  to  moral  character  and  a 
physician's  certificate  of  health. 

This  certificate  is  valid  for  one  year,  at  the  end  of  which  it  may 
be  renewed  for  two  years,  upon  the  recommendations  of  both  the 
Superintendent  of  Schools  having  jurisdiction  and  the  Commis- 
sioner of  Education. 

65.  Permanent.  A  Limited  Household  Arts  Vocational  Certifi- 
cate may  be  made  permanent  after  three  years  of  successful  teaching, 
upon  the  recommendations  of  both  the  Superintendent  of  Schools 
and  the  Commissioner  of  Education. 

A  Household  Arts  Certificate  shall  entitle  the  holder  to  teach 
household  arts  in  a  State-Aided  Vocational  School. 

66.  (4.)  Technical. 

Limited.  A  Limited  Technical  Vocational  Certificate  may  be  is- 
sued to  an  applicant  to  teach  technical  subjects  (such  as  drawing, 
mathematics  or  other  science  in  relation  to  the  vocation  taught)  in 
a  State-Aided  Vocational  School,  provided  the  applicant  holds, 

(a)  Any  one  of  the  vocational  certificates  mentioned  above;  or 

(b)  A  First  Grade  County  or  any  form  of  State  certificate  other 
than  special  or  its  equivalent,  and  in  addition  thereto  satisfies 
the  State  Board  of  Examiners  by  a  written  examination,  or 
by  credentials  from  some  approved  school  in  the  subject  or 
subjects  he  proposes  to  teach  that  he  is  qualified  by  shop 
experience  or  otherwise  to  give  such  instruction. 

The  Limited  Certificate  is  valid  for  one  year,  at  the  end  of  which 
it  may  be  renewed  for  two  years  upon  the  recommendation  of  both 
the  Superintendent  of  Schools  having  jurisdiction  and  the  Commis- 
sioner of  Education. 

67.  Permanent.  A  Limited  Technical  Vocational  Certificate  may 
be  made  permanent  after  three  years  of  successful  teaching,  upon 
the  recommendation  of  both  the  Superintendent  of  Schools  having 
jurisdiction  and  the  Commissioner  of  Education. 

A  Technical  Vocational  Certificate  shall  entitle  the  holder  to  teach 
the  allied  technical  vocational  subjects,  such  as  drawing,  mathe- 
matics or  other  science  in  relation  to  the  vocation  taught  in  a  State- 
Aided  Vocational  School. 

68.  (5.)  Academic. 

Limited.  A  Limited  Academic  Vocational  Certificate  may  be  is- 
sued to  an  applicant  to  teach  the  academic  (non-technical  or  cul- 


RULES  AND   REGULATIONS.  211 

tural)  subjects  in  a  State- Aided  Vocational  School,  provided  the 
applicant  holds  a  first  grade  county  certificate  or  any  form  of  Per- 
manent State  certificate  other  than  special,  or  its  equivalent ;  or 

Any  one  of  the  vocational  certificates  named  above  and  a  first 
grade  county  certificate  or  any  form  of  Permanent  State  certificate 
other  than  special,  or  its  equivalent. 

A  Limited  Academic  Vocational  Certificate  is  valid  for  one  year, 
at  the  end  of  which  it  may  be  renewed  for  two  years  upon  the 
recommendation  of  both  the  Superintendent  of  Schools  having 
jurisdiction   and  the  Commissioner  of   Education. 

69.  Permanent.  A  Limited  Academic  Vocational  Certificate  may 
be  made  permanent  after  three  years  of  successful  teaching  upon 
the  recommendation  of  both  the  Superintendent  of  Schools  having 
jurisdiction  and  the  Commissioner  -  f  Education. 

An  Academic  Vocational  Certificate  shall  entitle  the  holder  to 
teach  the  academic  (non-technical  or  cultural)  subjects  in  a  State- 
Aided  Vocational  School. 

70.  (6.)   Supervisors. 

(a)  Limited.  A  Limited  Supervisor's  Vocational  Certificate  may 
be  issued  to  an  applicant  for  a  position  as  supervisor  of  vocational 
work  or  a  position  as  principal  of  a  State-Aided  Vocational  School, 
provided  the  applicant, 

(a)  Holds  a  Permanent  Industrial,  Agricultural  Household  Arts, 
Academic  or  Technical  Vocational  Certificate, 

(b)  Satisfies  the  State  Board  of  Examiners  that  he  has  had  an 
adequate  experience  in  a  vocational  school. 

This  certificate  shall  be  valid  for  one  year. 

71.  Permanent.  A  Limited  Supervisor's  Vocational  Certificate 
may  be  made  permanent  after  one  year's  successful  experience  upon 
the  recommendation  of  both  the  Superintendent  of  Schools  having 
jurisdiction  and  the  Commissioner  of  Education. 

A  Supervisor's  Vocational  Certificate  shall  entitle  the  holder  to 
act  as  principal  of  any  State-Aided  Vocational  School,  or  to  act  as 
supervisor  of  vocational  work  in  any  State-Aided  Vocational  School 
or  Schools. 

PROVISIONAL    CERTIFICATES. 

72.  A  provisional  certificate  is  a  temporary  certificate  issued  to  an 
applicant  for  a  regular  certificate  to  legalize  his  contract  during  the 


212  RULES  AND  REGULATIONS. 

time  necessary  for  meeting  the  requisite  conditions  for  securing  a 
regular  certificate. 

7$.  Provisional  certificates  are  of  the  following  classes: 
(i)   Provisional  elementary  certificates, 

(2)  Provisional  secondary  certificates, 

(3)  Provisional  special  certificates, 

(4)  Provisional  supervisor's  certificates, 

(5)  Provisional  Certificates  for  State-Aided  Vocational 
Schools. 

(6)  An  applicant  for  a  State  certificate  by  endorsement  may 
have  his  provisional  certificate  once  renewed  where  the 
State  Board  of  Examiners  has  found  it  impracticable  to 
advise  the  applicant  teacher  that  an  examination  is  neces- 
sary, prior  to  fifteen  days  before  the  dates  prescribed  for 
the  required  examination. 

74.  (1)  A  provisional  elementary  certificate  shall  be  valid  until 
the  last  day  of  the  second  month  succeeding  the  date  of  the  next 
stated  examination  held  after  the  granting  of  the  said  provisional 
certificate. 

(2)  A  provisional  secondary  certificate  shall  be  valid  for  two 
years  from  the  date  of  issue,  subject  to  the  provisions  of  Rule  26. 

(3)  A  provisional  special  certificate  shall  be  valid  until  the  last 
day  of  the  second  month  succeeding  the  date  of  the  next  stated 
examination  held  after  the  granting  of  the  said  provisional  certifi- 
cate. 

(4)  A  provisional  supervisor's  certificate  shall  be  valid  until  the 
last  day  of  the  second  month  succeeding  the  date  of  the  next  stated 
examination  held  after  the  granting  of  the  said  provisional  certifi- 
cate. 

(5)  A  provisional  vocational  certificate  shall  be  valid  until  the 
last  day  of  the  second  month  succeeding  the  date  of  the  next  exami- 
nation held  after  the  granting  of  the  said  provisional  certificate. 

75.  A  provisional  certificate  may  be  granted  by  a  County  Super- 
intendent or  by  a  City  Superintendent  in  a  school  district  not  having 
a  City  Board  of  Examiners,  to  a  person  desiring  to  teach  in  the 
schools  under  his  supervision,  between  the  dates  of  the  stated  ex- 
aminations ;  provided  such  person  shall  make  an  application  for  the 
corresponding  class  of  certificate  to  the  State  Board  of  Examiners. 

An  application  for  a  regular  certificate  shall  be  made  to  the 
County  Superintendent,  except  that  in  such  city  school  d'stricts  as 


RULES  AND   REGULATIONS.  213 

do  not  have  a  city  Board  of  Examiners,  the  application  shall  be 
made  to  the  City  Superintendent,  who  shall  file  said  application 
through  the  County  Superintendent  with  the  State  Board  of  Ex- 
aminers. 

76.  ( 1 )  A  provisional  elementary  certificate  shall  not  be  renewed, 
unless  prior  to  its  expiration,  the  applicant  shall  have  received  credit 
for  at  least  five  of  the  subjects  required  for  a  limited  elementary 
certificate  in  which  case  it  may  have  one  renewal. 

(2)  A  provisional  secondary  certificate  cannot  be  renewed. 

(3)  A  provisional  special  certificate  cannot  be  renewed. 

(4)  A  provisional  supervisor's  certificate  cannot  be  renewed. 

(5)  A  provisional  vocational  certificate  cannot  be  renewed. 

PLAN    OF    EXAMINATIONS. 

yy.  Readers.  The  State  Board  of  Examiners  shall  appoint  readers 
who  shall  hold  permanent  certificates  or  their  equivalent.  The  rate 
of  compensation  of  readers  shall  be  fixed  by  the  State  Board  of 
Examiners. 

78.  Preparation  of  Questions.  The  work  of  preparing  questions 
for  the  examinations  shall  be  done  under  the  supervision  of  the 
State  Board  of  Examiners. 

79.  Conduct  of  the  Examinations.  The  examination  shall  be  held 
simultaneously,  under  the  personal  supervision  of  the  County  and 
City  Superintendents  of  Schools.  Questions  shall  be  in  sealed  en- 
velopes, which  shall  be  broken  at  the  times  indicated  thereon,  and 
in  the  presence  of  the  applicants. 

80.  Each  applicant  shall  write  his  name  and  address  upon  a  card 
and  shall  seal  the  same  in  a  numbered  envelope.  The  envelopes 
shall  be  collected  by  the  person  in  charge  of  the  examination  and 
forwarded  by  him  to  the  State  Commissioner  of  Education.  The 
applicant  shall  mark  each  sheet  of  his  examination  paper  with  his 
assigned  number,  but  shall  not  write  his  name  or  any  distinguishing 
mark  upon  his  paper  nor  upon  the  outside  of  the  envelope  which 
contains  his  name  and  address.  This  envelope  shall  not  be  opened 
until  all  the  papers  have  been  duly  examined,  and  under  conditions 
hereinafter  stated. 

81.  When  all  the  applicants  shall  have  completed  the  examina- 
tion in  a  given  subject,  the  Superintendent  in  charge  shall  seal  the 
papers  in  double  envelopes,  writing  upon  the  inner  envelopes  the 


214  RULES  AND  REGULATIONS. 

subjects,  number  of  papers  and  place  of  examination.  This  pack- 
age shall  be  immediately  sent  to  the  State  Commissioner  of  Edu- 
cation. 

82.  Readers.  The  readers  shall  mark  the  papers,  upon  the  basis 
of  100  credits,  and  shall  make  a  record  of  the  papers,  distinguishing 
them  by  their  numbers.  This  record  for  each  of  the  numbers,  signed 
by  the  reader,  shall  be  sealed  in  an  envelope  and  sent  to  the  State 
Commissioner  of  Education.  No  reader  shall  affix  any  mark  upon 
the  papers  which  might  tend  to  influence  the  examiners. 

83.  The  State  Commissioner  of  Education  shall  retain  the  reports 
of  the  Readers  sealed  until  all  Readers  have  made  their  reports. 

84.  The  sealed  reports  of  the  readers  shall  be  opened  only  by  di- 
rection of  the  State  Board  of  Examiners  and  the  result  of  the  ex- 
amination for  each  subject  recorded. 

85.  Identifying  Applicants.  The  numbered  envelopes  containing 
names  of  the  applicants  shall  not  be  opened  except  as  directed  by 
the  State  Board  of  Examiners,  and  not  until  the  markings,  accord- 
ing to  the  distinguishing  numbers,  are  fully  completed  by  the  readers. 
The  names  shall  then  be  substituted  for  the  numbers. 

86.  Records.  The  State  Board  of  Examiners  shall  keep  a  record 
of  all  the  certificates  it  shall  grant  and  shall  report  the  same  to  the 
State  Board  of  Education. 

87.  County  and  City  Superintendents.  All  provisional  certificates 
shall  be  signed  by  the  Chairman  and  Secretary  of  the  State  Board 
of  Examiners,  but  shall  not  be  valid  licenses  to  teach  unless  counter- 
signed by  the  Superintendent  by  whom  they  are  issued.  A  pro- 
visional certificate  shall  not  be  issued  until  there  shall  have  been 
filed  through  the  County  Superintendent  by  the  Superintendent  is- 
suing the  provisional  certificate  an  application  to  the  State  Board 
of  Examiners  for  a  regular  certificate  valid  for  the  grade  in  which 
the  applicant  expects  to  teach.  Whenever  a  provisional  certificate 
shall  be  issued,  the  Superintendent  shall  at  once  forward  through 
the  County  Superintendent  to  the  State  Board  of  Examiners  a 
statement  setting  forth  the  name  of  the  person  to  whom  it  was  is- 
sued, the  grades  for  which  it  is  valid  and  the  date  on  which  it  was 
issued.  He  shall  forward  with  such  statement  the  application  for 
the  regular  certificate  and  the  credentials  required  of  the  person  to 
whom  the  provisional  certificate  was  issued.  Each  Superintendent 
shall  keep  an  accurate  record  of  all  provisional  certificates  issued 
by  him. 


RULES   AND   REGULATIONS.  215 

88.  County  and  City  Superintendents  shall  report  all  certificates 
held  by  the  teachers  under  their  supervision  to  the  State  Commis- 
sioner of  Education,  who  shall  keep  a  record  of  the  same. 

89.  County  and  City  Superintendents  shall  file  all  contracts,  rules 
and  regulations  of  Boards  of  Education  concerning  the  employment 
of  teachers,  and  keep  an  accurate  record  thereof. 

90.  District  Clerk.  The  District  Clerk  of  each  school  district 
shall  within  ten  days  after  a  contract  with  a  teacher  shall  have  been 
made,  forward  to  the  County  Superintendent  of  Schools  a  copy  of 
such  contract,  if  the  same  shall  be  in  writing,  but  if  such  contract 
shall  have  been  made  under  rules  adopted  by  the  Board  of  Educa- 
tion, said  District  Clerk  shall  report  to  the  County  Superintendent 
of  Schools  the  name  of  such  teacher,  the  term  and  position  for 
which  he  shall  be  employed,  the  amount  of  salary  and  the  class  and 
date  of  his  certificate. 

91.  Each  Board  of  Education  which  shall  adopt  rules  governing 
the  employment  of  teachers  in  accordance  with  the  provisions  of 
section  106  of  the  School  Law,  shall  file  a  copy  of  such  rules,  and 
any  amendment  thereof,  or  supplement  thereto,  with  the  County 
Superintendent  of  Schools. 


216  RULES  AND  REGULATIONS. 

Order  of  Examinations  November  and  April   (See  Rule  16). 


9  : 1  R     A .     M 


9:15    A.    M. 


9:15     A.    M 


LIMITED    LI-EM  K.N  I  All  \ 


Penmanship 

Arithmetic,    including    Business 
Forms 


Business    Foi  ins 
Reading 


Composition 

1.1  tern  lure    for    the    Grades 

I  1911 1 
School    Management 


PERMANENT    ELEMENTARY. 


Psychology 


Manual    Training 

•Botany 

•Zoology 
General    History.    Including    the 
History   of   Greece   and    Rome 


History    of    Education 

•Chemistry 
Literature,  including  Literature 
for    the    Grades 


SECONDARY     AND    SUPERVISOR 


School    Organization 


tSchool    Management    and 

Methods  of  Teaching  with 
special  reference  to  Sec- 
ondary   Education 

SPECIAL. 


Kindergarten 

Stenography    and    Typewriting 

Rule    47 
Psyohology    (special) 


Manual   Training  and   Mechani- 
cal   Drawing    (two   papers) 
Music     (Rule    49) 
Commercial     Arithmetic 


•Latin 
•French 
Commercial    Law 


1:15    P. 

M 

1:15    P.    M. 
LIMITED    ELEMENTARY. 

1:15    P.    M. 

Orthography 
English    grammar 

|  U.     S.     History 
Geography 

Drawing 

Phvsiology     and      Hygiene,     In- 
cluding   Health    Exercises 

PERMANENT     ELEMENTARY. 


•Agriculture 


•Elementary    Algebra 

•Music 

Advanced   TJ.    S.   History 


Phvsics    (1910) 

•Plane    Geometry 

Civics 

Elementary    School    Physics 


SPECIAL. 


Cooking    (Rule    44) 
Sewing     (Rule     45) 
Agriculture    (Rule    53) 
Physical     Training     (Rules     51 

and    58) 
English    Grammar.    Including 
Composition  and  Orthography 


••Bookkeeping 
Penmanship    (Rule    48) 
Bookkeeping  (Rule   46) 


Drawing    (Rule    42) 
•German 
Business   Practice 


Subjects     Required    to    Convert    a    Limited    Elementary    Certificate  Obtained  from 
Couity  or  Third  Grade  State  Cartificates  Into  a  Permanent   Elementary  Certificate. 

General    History,  Psychology,  Manual  Training. 

Psychology, 

Manual   Training, 

Elementary    Physics, 

History   of   Education, 


General    History, 
Psychology, 
Manual   Training, 
F'ementarv     Physics. 
History  of  Education 


Psychology, 
Manual  Training. 


Any   Three  of    the 
Following    Electives 

Botany, 

Elementary    Algebra, 

Chemistry, 

Vocal    Music, 

Plane    Geometry, 

Agriculture, 

Zoology, 

Advanced  U.  S.  Hist., 
and  any  one  of  the 
following  may  be  one 
of     the     electives, 

Latin 
or 

German, 
or 


Any    Two    of    the 
Following    Electives 

Botany, 

Chemistry, 

Vocal    Music, 

Plane    Geometry, 

Agriculture, 

Zoology, 

Advanced  U.  S.  Hist., 
and  any  one  of  the 
following  may  be  one 
of     the    electives, 

Latin 
or 

German, 
or 

French. 


Any    One    of    the 
Following    Electives 

Botany, 

Chemistry, 

Vocal    Music, 

A  grier.lture. 

Zoology, 

Advanced  U.  S.  Hist., 
and  any  one  of  the 
following  may  be  one 
of     the    electives, 

Latin 
or 

German, 
or 

French. 


Any    One    of    the 
Following    Elective* 

Chemistry. 

Zoology. 

Vocal    Music, 

Agriculture, 

Advanced  U.  S.  Hist., 
and  any  one  of  the 
following  may  be  one 
of     the    electives, 

Latin 
or 

German, 
or 

French. 


French. 

Any   subject    previously    passed    will   be   accepted    toward   the  certificate  for  which    it    Is   required. 

•Electives:    three    are    recuired. 

JSchool    Managcm*nt    and   Methods   of   Teaching    with  special    reference    to    Secondary    Eduction 
will    be   substituted    for  Science   of   Education    fo>-   Second    Grade   Certificate   under     he   old   rules. 
••For   Second    Grade   County   Certificate   under    Rules   In    force  prior    to   July   1,    1911. 


RULES   AND    REGULATIONS.  217 

RATING    FOR    HIGH    SCHOOL    WORK. 

In  rating  the  work  in  "approved"  high  schools,  one  year  shall  be 
given  15  counts,  two  years  30  counts,  three  years  45  counts,  four 
years  60  counts. 

In  securing  equivalents  for  a  four-year  course  in  an  approved 
.high  school,  a  candidate  will  be  credited  as  follows : 

Languages  not  less  than  15  or  more  than  30  counts 
Mathematics      "         "     jy2  "       "         "15      " 
Sciences  "         "     7>4  "       "         "15      " 

History  "         "         5  "       "         "     10      " 

Miscl.  subjects "        "     yy2  "      "        "     15      " 

Academic  counts  can  be  earned  in  any  subject  required  for  any 
form  of  teacher's  certificate. 

A  limited  elementary  certificate  in  1912=30  counts 

"  1913=45      " 
"  1914=60      " 
A  permanent  elementary  certificate=6o  counts. 

Special  certificates  requiring  four  years  of  high  school  work  60 
counts.  Other  special  certificates  will  be  given  a  rating  after  the 
submission  of  a  detailed  statement  of  academic  work. 

NORMAL  SCHOOL   CERTIFICATES. 

1.  A  graduate  from  the  two-year  general  courses  shall  be  quali- 
fied to  teach  at  least  the  first  eight  years  of  work  exclusive  of  the 
kindergarten. 

2.  The  two-year  kindergarten  course  shall  qualify  to  meet  the 
requirements  of  Article  XII  of  the  School  Law  and  of  the  first  four 
years  of  school  work. 

3.  The  two-year  domestic  science  course  shall  qualify  to  teach 
the  branches  in  domestic  science  it  includes  in  any  school  (high  or 
elementary). 

4.  The  four-year  high  school  teachers'  course  shall  qualify  to 
teach  the  branches  it  includes  in  any  school. 

5.  The  industrial  arts  teachers'  course  given  by  the  Normal 
School  at  Trenton  in  co-operation  with  the  Trenton  School  of  In- 


218  RULES  AND  REGULATIONS. 

dustrial  Arts  shall  qualify  to  teach  the  industrial  arts  it  includes 
in  any  school. 

6.  The  two-year  manual  training  course  shall  qualify  to  teach 
the  branches  in  manual  training  it  includes  in  any  school. 

7.  The  two-year  commercial  course  shall  qualify  to  teach  the 
commercial  branches  it  includes  in  any  school. 

8.  Any  special  course  not  included  in  rules  1  to  7,  inclusive,  shall 
cover  the  requirements  to  teach  the  subjects  it  includes  in  any  school. 

9.  When  in  addition,  in  point  of  time,  to  a  two-year  general 
course  advanced  work  is  taken  in  one  or  more  subjects  for  the  pur- 
pose of  teaching  such  subjects  in  a  high  school  these  subjects  shall 
be  designated  on  the  certificate  as  of  high  school  grade,  and  shall 
cover  at  least  two  units  of  work  in  advance  of  the  requirements  for 
the  general  certificate  in  the  respective  subjects.  School  manage- 
ment and  methods  of  teaching  with  special  reference  to  secondary 
education  shall  be  included  in  the  course  which  qualifies  teachers  to 
teach  in  a  high  school  under  the  provision  of  this  rule. 

10.  The  standard  for  normal  school  courses  or  credits  in  any 
special  subject  or  for  the  two  units  of  work  as  set  forth  in  Rule  9, 
shall  be  the  same  as  set  forth  or  may  be  set  forth  by  the  Board  for 
graduates  of  other  institutions  or  for  those  who  have  taken  partial 
courses. 

11.  These  rules  do  not  apply  to  teachers  of  vocational  subjects  in 
state-aided  vocational  schools. 

COUNTY   SUPERINTENDENTS. 

I.  Each  County  Superintendent  shall  visit  the  schools  in  his 
county  as  often  as  may  be  necessary ;  provided,  that  he  shall  visit 
every  school  under  his  jurisdiction  at  least  once  in  each  year;  pro- 
vided further,  that  the  total  number  of  visits  made  during  the  year 
shall  equal  at  least  twice  the  number  of  schools  under  his  jurisdic- 
tion, the  additional  visits  to  be  made  to  such  schools  as,  in  his  judg- 
ment, most  need  his  encouragement  and  advice.  At  such  visits  he 
shall  inquire  into  the  management,  methods  of  instruction  and  dis- 
cipline in  such  schools ;  note  the  condition  of  the  schoolhouses,  sites, 
buildings  and  appurtenances,  examine  the  course  of  study,  text- 
books and  school  libraries,  and  recommend  to  and  counsel  teachers 
as  to  proper  studies,  methods,  discipline  and  management  for  the 
schools. 


RULES  AND   REGULATIONS.  219 

2.  The  County  Superintendent  shall  distribute  promptly  all  docu- 
ments, forms,  laws,  circulars  and  instructions  which  he  may  receive 
from  the  Commissioner  of  Education  or  the  State  Board  of  Edu- 
cation. 

3.  The  County  Superintendent  shall  see  that  the  decisions  of  the 
Commissioner  of  Education  and  the  State  Board  of  Education, 
upon  controversies  arising  under  the  School  laws  of  the  State  or 
under  the  rules  and  regulations  prescribed  by  the  State  Board  of 
Education  are  obeyed;  and  in  case  such  decisions  are  not  obeyed 
he  shall  so  inform  the  Commissioner  of  Education  and  state  the 
circumstances. 

4.  The  County  Superintendent  shall  preserve  carefully  all  reports 
of  school  officers  and  teachers,  and  at  the  close  of  his  official  term 
shall  deliver  to  his  successor  all  records,  books,  documents,  papers 
and  property  belonging  to  the  office. 

5.  The  County  Superintendent  shall  not  be  agent  for  or  be  in 
any  way  pecuniarily  or  beneficially  interested  in  the  sale  to  the  board 
of  education  of  any  school  district  under  his  supervision  of  any 
text-books,  maps,  charts,  school  apparatus  or  supplies  of  any  kind, 
or  receive  compensation  or  reward  of  any  kind  for  any  such  sale 
or  for  unlawfully  promoting  or  favoring  the  same.  Any  County 
Superintendent  who  shall  violate  this  provision  shall  be  subject  to 
removal  from  office. 

6.  The  County  Superintendent  shall  meet  each  board  of  education 
in  his  county  at  least  twice  each  year,  at  such  times  and  places  as 
he  may  appoint. 

7.  The  County  Superintendent  shall,  in  the  manner  now  pro- 
vided by  law,  and  subject  to  the  approval  of  the  Commissioner  of 
Education,  prepare  and  establish  a  uniform  course  of  study  and  a 
standard  of  graduation  in  the  schools  under  his  supervision. 

8.  The  County  Superintendent  shall,  by  such  means  as  he  shall 
deem  most  practicable,  establish  a  County  Pedagogical  Library,  and 
shall,  subject  to  the  approval  of  the  Commissioner  of  Education, 
designate  courses  of  pedagogical  reading. 

9.  The  Commissioner  of  Education  shall  furnish  blank  diplomas 
to  be  awarded  by  County  Superintendents  to  all  pupils  who  shall 
successfully  complete  the  prescribed  course  of  study ;  also  diplomas 
suitable  to  be  granted  to  such  teachers  as  shall  prove  that  they  have 
intelligently  completed  the  courses  of  professional  reading  pre- 
scribed for  their  respective  grades. 


220  RULES  AND  REGULATIONS. 

10.  Each  County  Superintendent  in  his  annual  report  to  the  Com- 
missioner of  Education  shall  specifically  report  as  to  whether  the 
provisions  of  the  School  Law  relating  to  the  display  of  the  United 
States  Flag  during  school  hours,  and  whether  the  law  relating  to 
Flag  Day  on  the  fourteenth  day  of  June,  in  each  year,  have  been 
complied  with  in  the  various  school  districts  therein,  and  shall  an- 
nually, and  at  such  other  times  as  he  may  deem  advisable,  direct 
the  attention  of  the  boards  of  education  therein  to  the  necessity  of 
complying  with  the  provisions  of  said  sections.  He  is  also  directed 
to  recommend  that  in  each  school  the  daily  exercise  shall  include  a 
salute  to  the  United  States  Flag,  and  shall  include  in  his  report  a 
statement  of  the  observance  of  this  custom. 

n.  Whenever  in  any  school  district  incorporated  under  the  pro- 
visions of  Article  VII  of  the  School  Law  the  number  of  vacancies 
in  the  Board  of  Education  is  such  that  there  is  less  than  a  majority 
of  the  total  number  of  members  of  such  board,  and  by  reason  thereof 
such  board  is  without  a  quorum  and  unable  to  transact  business,  the 
County  Superintendent  of  Schools  of  the  county  in  which  such 
school  district  shall  be  situate  shall  appoint  persons  who  possess  the 
qualifications  required  for  membership  in  a  board  of  education  to 
fill  such  vacancies,  and  the  persons  so  appointed  shall  hold  office 
until  their  successors  are  elected  in  the  manner  provided  by  law. 

12.  Whenever  a  new  school  district  shall  be  created  and  there 
are  no  persons  living  therein  who  have  resided  in  the  territory  com- 
prised in  said  district  three  years,  the  County  Superintendent  of 
Schools  of  the  county  in  which  such  district  is  situate  shall  appoint 
nine  persons  who  possess  the  other  qualifications  for  membership 
in  a  Board  of  Education  as  members  of  the  Board  of  Education 
for  such  district.  The  person  so  appointed  shall  hold  office  until 
their  successors  are  elected  in  the  manner  provided  by  law. 

For  additional  rules  see  "Teachers'  Institutes." 


teachers'  institutes. 


i.  "The  Commissioner  of  Education  shall  arrange  for  institutes 
by  securing  instructors  and  preparing  programs  in  such  counties  of 
the  State  as  he  shall  deem  advisable.  He  shall  hold  joint  institutes 
wherever  practicable.  The  sessions  of  the  institute  shall  be  general 
or  departmental  as  the  Commissioner  of  Education  shall  determine." 


RULES  AND   REGULATIONS.  221 

2.  No  public  school  in  the  State  shall  be  in  session,  or  shall  be 
deemed  to  be  in  session,  during  the  period  the  institute  for  the 
county  in  which  it  is  situate  shall  be  held. 

3.  All  teachers  shall  attend  the  annual  institute  held  for  the 
county  in  which  they  are  teaching;  and  no  deduction  shall  be  made 
from  the  salary  of  any  teacher  for  the  time  he  shall  be  in  attend- 
ance upon  said  institute. 

4.  The  Commissioner  of  Education  shall  pay  all  expenses  in- 
curred in  connection  with  each  county  institute,  but  only  upon  the 
presentation  of  itemized  and  certified  bills,  and  shall  render  to  the 
State  Board  of  Education  both  an  itemized  and  a  summarized  ac- 
count of  the  amount  expended,  accompanied  with  appropriate 
vouchers. 

5.  The  County  Superintendent  shall  make  all  necessary  local  ar- 
rangements for  the  county  institute,  shall  preside  at  the  same,  shall 
render  an  exact  statement  to  employing  boards  as  to  the  time  each 
teacher  in  the  county  has  been  in  attendance  at  said  institute,  and 
no  teacher  shall  be  paid  for  time  not  in  actual  attendance  at  the 
said  institute,  except  upon  the  presentation  of  a  written  excuse 
from  the  County  Superintendent. 

TEACHERS. 

1.  The  order  or  warrant  for  the  balance  of  salary  due  any  teacher 
at  the  time  of  closing  the  school  for  the  summer  vacation  shall  not 
be  delivered  to  such  teacher  until  the  district  clerk  or  other  officer 
authorized  to  deliver  such  order  or  warrant  shall  have  received 
written  notice  from  the  Commissioner  of  Education  that  such 
teacher  has  filed  his  or  her  register  and  report  of  attendance  with 
him ;  provided,  that  in  any  school  in  which  more  than  one  teacher 
shall  be  employed,  the  principal  thereof  shall  file  the  registers  and 
reports ;  and  provided  further,  that  in  any  district  having  a  super- 
intendent or  a  supervising  principal  the  filing  of  the  registers  and 
reports  with  such  superintendent  or  supervising  principal  shall  be 
deemed  to  be  a  compliance  with  the  provisions  of  this  rule,  and 
said  superintendent  or  supervising  principal  shall  forward  the  reg- 
isters and  reports  to  the  Commissioner  of  Education. 


222  RULES  AND  REGULATIONS. 

SCHOOL  ATTENDANCE. 

1.  For  the  purpose  of  apportionment  a  day  shall  consist  of  not 
less  than  four  hours  of  actual  school  work,  except  in  kindergartens 
one  continuous  session  of  two  and  one-half  hours  may  be  consid- 
ered a  day.     Night  school  sessions  shall  be  reckoned  as  half  days. 

2.  The  mere  presence  of  a  pupil  at  roll  call  will  not  be  considered 
as  sufficient  attendance  to  be  a  compliance  with  the  intent  of  the 
law.  A  pupil  must  be  present  at  least  one  hour  during  any  fore- 
noon, afternoon  or  evening  session  in  order  to  be  recorded  present. 

3.  No  attendance  is  to  be  marked  in  the  register  for  the  days 
during  which  the  school  shall  be  closed,  but  a  report  shall  be  made 
to  the  Commissioner  of  Education  at  the  end  of  the  year  stating 
in  detail  the  days  on  which  the  schools  were  closed  and  the  reasons 
therefor.  The  attendance  for  days  when  the  school  shall  have 
been  closed  for  good  cause  will  be  computed  by  said  Commissioner 
of  Education,  and  all  that  the  teacher  is  required  to  do  is  to  note 
in  the  register  on  each  day  the  school  shall  be  closed,  the  reasons 
why  a  session  of  the  school  was  not  held. 

4.  Whenever  a  dwelling  shall  be  quarantined  by  order  of  the 
board  of  health,  notice  shall  be  sent  to  the  Commissioner  of  Edu- 
cation of  the  date  when  the  quarantine  went  into  effect  and  the  date 
when  it  was  raised,  with  a  certificate  from  the  board  of  health 
stating  the  reasons  for  the  quarantine.  Children  residing  in  the 
building  quarantined,  who  shall  be  actually  on  roll  in  the  school  at 
the  time  the  building  shall  be  quarantined,  excepting  children  who 
are  ill,  shall  be  counted  as  present  during  the  time  the  building  shall 
be  quarantined.  The  allowance  for  attendance  lost  by  pupils  quar- 
antined will  be  added  to  the  total  attendance  of  the  district  by  the 
Commissioner  of  Education  at  the  end  of  the  school  year.  The 
Commissioner  of  Education  shall  prepare  and  distribute  blank  forms 
for  carrying  this  rule  into  effect,  and  the  notice  provided  for  in  this 
rule  shall  be  forwarded  on  said  forms  as  soon  as  possible  after  said 
quarantine  shall  be  raised. 

5.  When  schools  do  not  have  regular  half-day  classes,  the  rainy 
day  session  may  be  the  length  of  the  usual  morning  session. 

APPROVAL  OF   HIGH   SCHOOLS. 

i.  Those  schools  shall  be  classed  as  high  schools  which  require 


RULES  AND   REGULATIONS.  223 

for  admission  the  successful  completion  of  eight  years  of  graded 
pre-academic  work,  or  its  equivalent.     (See  note  1.) 

2.  High  Schools  that  fully  meet  the  standards  set  by  the  State 
Board  of  Education  shall  be  classed  as  "Approved  High  Schools." 

3.  In  order  to  be  approved,  a  high  school  must  meet  the  following 
conditions: 

(a)  All  the  regular  curricula  must  cover  four  full  years  of  school 
work,  and  must  be  approved  by  the  State  Board  of  Education. 

(b)  The  teaching  and  equipment  must  be  approved  by  the  State 
Board  of  Education,  but  such  approval  will  not  be  granted  unless 
three  years  of  high  school  work  are  in  actual  operation. 

(c)  The  teaching  force  must  be  adequate  in  number,  and  shall, 
in  every  case,  consist  of  at  least  three  teachers,  each  of  whom  shall 
be  engaged  exclusively  in  high  school  work. 

(d)  Diplomas  shall  be  granted  only  to  pupils  who  shall  have  com- 
pleted a  full  four-year  curriculum,  aggregating  at  least  seventy-two 
(72)  academic  counts.  The  counts  shall  be  reckoned  in  accordance 
with  the  number  of  prepared  recitations  per  week  of  a  school  year 
of  at  least  38  weeks,  and  the  recitation  periods  shall  average  at  least 
4p- minutes  in  length. 

Two  (2)  periods  of  manual  activities,  of  laboratory  work,  or  of 
unprepared  recitations  shall  be  reckoned  as  equivalent  to  one  period 
of  prepared  class  work. 

Physical  training  and  chorus  singing  cannot  be  counted  toward 
the  minimum  of  seventy-two  (72)  counts  required  for  a  diploma. 
(See  note  2.) 

(e)  All  diplomas  shall  state  the  number  of  academic  counts  ac- 
quired by  the  holder  and  the  subjects  in  which  they  were  obtained. 

(f)  The  building  must  be  adequate,  providing  suitable  accommo- 
dations for  study,  recitations  and  laboratory  work,  and  for  all  other 
school  activities  provided  for  in  the  program  of  studies. 

(g)  The  equipment,  including  the  library  and  the  appliances  for 
teaching  science,  must  be  sufficiently  varied  and  complete  to  meet 

Note  No.  i. — The  term  equivalent  covers  eases  of  rapid  promotion  throned)  the 
elementary  grades,  assuming  that  those  promotions  have  been  made  in  the 
interests  of  the  child  involved,  and  with  due  regard  to  the  fact  that  maturity  of 
development  is  on°  of  the  essential  factors  in  successful  high  school  work. 

Note  No.  2. — The  fact  that  chorus  singing  cannot  be  counted  towaH  the 
minimum  of  72  academic  counts,  is  not  to  be  taken  as  in  any  sense  minimizing 
the  value  of  the  study  of  vocal  music  in  high  schools.  Wherever  ooportunities 
for  systematized  instruction  in  this  subject  are  possible,  it  should  be  included 
in  the  program  of  studies  and  given  academic  counts. 


224  RULES  AND  REGULATIONS. 

the  educational  requirements  demanded  for  efficient  instruction  in 
the  different  subjects  offered. 

(h)  The  building,  including  the  outhouses,  must  be  kept  clean, 
sanitary  and  in  good  order.  The  school  grounds  must  present  a 
tidy  appearance. 

4.  Whenever  in  a  district  three  years  of  high  school  work  are 
maintained,  wherein  each  curriculum  aggregates  at  least  54  aca- 
demic counts  of  the  seventy-two  (72)  as  prescribed  and  defined  for 
the  diplomas  of  an  "Approved  High  School,"  such  a  school  will  be 
registered  as  a  "Partial  High  School,"  in  case  it  meets  in  addition 
the  following  conditions : 

(a)  All  the  regular  curricula  must  be  approved  by  the  State 
Board  of  Education. 

(b)  The  teaching  and  equipment  must  be  approved  by  the  State 
Board  of  Education,  but  said  approval  will  not  be  granted  unless  at 
least  two  years  of  high  school  work  are  in  actual  operation. 

(c)  The  teaching  force  must  be  adequate  in  number,  and  shall 
consist  in  every  case  of  at  least  two  teachers,  each  of  whom  shall  be 
engaged  exclusively  in  high  school  work. 

(d)  The  building  must  be  adequate,  providing  suitable  accommo- 
dations for  study,  recitations  and  laboratory  work,  and  for  all  other 
school  activities  provided  for  in  the  program  of  studies. 

(e)  The  equipment,  including  the  library  and  the  appliances  for 
teaching  science,  must  be  sufficiently  varied  and  complete  to  meet 
the  educational  requirements  demanded  for  efficient  instruction  in 
the  different  subjects  offered. 

(f)  The  building,  including  the  outhouses,  must  be  kept  clean, 
sanitary  and  in  good  order.  The  school  grounds  must  present  a 
tidy  appearance. 

5.  Certificates  for  work  done  may  be  granted  by  a  local  board  of 
education  to  pupils  who  have  not  completed  a  full  four-year  high 
school  curriculum,  but  such  certificates  shall  not  be  granted  as  di- 
plomas ;  and  must  in  each  case  state  the  number  of  academic  counts 
secured  by  the  holder,  and  the  subjects  in  which  they  are  obtained, 
and  the  time  taken  to  secure  the  same.  Holders  of  such  certificates 
shall  not  be  ranked  as  graduates. 

6.  Properly  certified  graduates  of  an  "Approved  High  School" 
shall  be  entitled  to  admission,  without  examination,  to  the  two-year 
professional  courses  of  the   State   Normal   Schools. 


RULES  AND   REGULATIONS.  225 

Note. — High  Schools  maintaining  curricula  which  differ  in  scope 
and  in  the  term  or  time  required  for  their  completion  shall  be  classi- 
fied for  apportionment  in  accordance  with  their  shortest  curriculum. 

The  State  Board  of  Education  approves  but  does  not  prescribe 
curricula. 

REGISTRATION    OF    PRIVATE    SCHOOLS. 

i.  A  private  secondary  school  may,  upon  the  request  of  its  gov- 
erning authority,  be  registered  in  the  Department  of  Public  Instruc- 
tion if,  after  inspection  by  a  representative  of  said  department,  it 
shall  be  found  to  comply  with  the  following  conditions: 

(a)  It  must  be  under  the  management  of  a  corporate  body,  board 
of  trustees  or  other  responsible  control. 

(b)  In  all  other  respects  the  same  standards  shall  apply  as  are 
prescribed  by  the  State  Board  of  Education  for  the  public  high 
schools. 

2.  Graduates  of  private  registered  secondary  schools  shall  be 
entitled  to  admission  to  the  State  Normal  Schools  on  the  same  terms 
as  apply  to  graduates  of  the  public  high  schools. 

MEDICAL  INSPECTION. 

RULES  FOR  LOCAL  BOARDS  OF  EDUCATION. 

1.  The  medical  inspector  shall  be  appointed  for  one  year. 

2.  The  medical  inspector  shall  be  required  to  file  with  his  local 
Board  of  Education,  or,  in  cities,  with  the  Director  of  Medical  In- 
spection, a  monthly  report  of  work  done,  and  to  sign  the  school 
register  at  each  visit. 

3.  The  medical  inspector  shall  receive  his  salary  according  to  the 
following  schedule :  Fifty  per  cent,  of  the  yearly  salary  upon  evi- 
dence of  satisfactory  completion  of  the  required  examinations  of  all 
school  children  in  his  district. 

The  remaining  fifty  per  cent,  in  monthly  installments  upon  receipt 
of  his  report  covering  work  done  during  the  preceding  month. 

4.  Two  or  more  adjoining  school  districts  may  unite  in  the  em- 
ployment of  a  medical  inspector  for  economy's  sake  or  other  rea- 


226  RULES  AND  REGULATIONS. 

sons.    In  such  circumstances  each  district  shall  pay  its  part  of  the 
salary  in  proportion  to  the  number  of  pupils  in  each  district. 

5.  The  Commissioner  of  Education  shall  provide  the  necessary 
blanks  needed  for  the  carrying  out  of  the  work  of  medical  inspection 
and  for  gathering,  preserving  and  forwarding  to  the  State  Board 
the  statistics  collected.  These  records  are  the  property  of  local 
Boards  and  must  be  preserved  by  them.  Such  parts  of  these  records 
as  may  be  designated  by  competent  authority  from  time  to  time, 
shall  be  filed  with  the  Secretary  of  this  Board. 

6.  Pupils  sent  home  from  school  by  a  medical  inspector,  with  a 
diagnosis  of  infectious  or  contagious  disease,  either  actual  or  sus- 
pected, shall  not  be  readmitted  to  their  respective  classrooms  until 
they  present  a  written  certificate  of  good  health  from  their  family 
physician  or  some  other  regularly  qualified  physician,  who  has  ex- 
amined or  treated  them.  This  rule  covers  cases  of  disease  of  the 
skin  or  scalp,  and  of  purulent  discharges  from  the  eyes,  nose  or 
ears,  as  well  as  all  diseases  of  an  infectious  or  contagious  nature. 

7.  Boards  of  Education  shall  carefully  conform  to  all  rules  of 
local  Boards  of  Health  regarding  sanitary  conditions  in  and  about 
the  school  property  and  in  the  matter  of  quarantine. 

RULES  FOR  MEDICAL  INSPECTORS  OF  LOCAL  BOARDS  OF  EDUCATION. 

1.  The  medical  inspector  shall  use  the  same  care  and  skill  in 
examining  pupils  under  his  charge  as  he  would  in  the  case  of  private 
patients. 

2.  The  time  for  the  stated  medical  inspection  of  the  schools  shall 
be  arranged  in  each  district  to  suit  the  convenience  of  the  school 
authorities  and  the  inspectors.  It  is  advisable  that  the  regular  visit 
for  the  detection  of  possible  communicable  diseases  should  be  made 
as  soon  after  the  opening  of  the  morning  session  of  school  as  pos- 
sible, in  order  that  children  suffering  from  such  diseases  may  not 
be  kept  in  the  classrooms  and  become  a  further  source  of  danger  to 
others.    Emergency  calls  must  be  responded  to  as  quickly  as  possible. 

3.  The  local  Boards  of  Education,  in  submitting  to  the  State 
Board  their  rules,  shall  cover  carefully  the  point  of  frequency  of 
regular  inspection.  In  general,  they  must  not  fall  below  the  follow- 
ing minimum  requirements: 

Rural  districts,  scattered  schoolhouses,  one-room  schoolhouses. 


RULES  AND   REGULATIONS.  227 

1 

Each  school  at  least  once  a  month. 
Villages  and  small  towns,  and  schoolhouses  containing  more  than 
one  room. 

Each  school  at  least  twice  a  month. 
Towns  and  cities. 

At  the  discretion  of  the  local  Boards  and  medical  examiners, 
but  not  less  than  twice  a  week. 

4.  At  the  commencement  of  each  school  year,  the  medical  in- 
spector shall  examine  every  pupil  enrolled  in  that  school  district. 
This  examination  shall  include: 

Eyes.  For  far-  and  nearsightedness  and  the  condition  of  the  eye 
lids. 

Ears.  For  acuteness  of  hearing  and  presence  or  absence  of  dis- 
charges. 

Throat.     Condition  of  tonsils.     Possible  adenoids. 

Teeth.     Condition  and  care. 

5.  Whenever  possible,  it  is  advised  that  the  usual  records  be 
made  of  height,  weight  and  chest  measurements,  and  that  examina- 
tions be  made  of  heart  and  lungs.  These  examinations  shall  be 
made  by  the  medical  inspector  himself  and  not  left  to  the  nurses  or 
teachers. 

6.  It  shall  be  the  duty  of  the  medical  inspector  to  exclude  im- 
mediately from  the  class-room  any  pupil  whom  he  may  suspect  of 
having  any  form  of  contagious  or  infectious  or  communicable  dis- 
ease. This  pupil  shall  be  sent  home  at  once  with  a  written  state- 
ment signed  by  the  medical  inspector,  stating  the  nature  of  the  dis- 
ease suspected,  and  requesting  that  the  pupil  be  seen  at  once  by  the 
family  physician.  The  medical  inspector  shall  not  attend  such  cases 
professionally,  unless  he  is  the  regular  medical  attendant  of  the 
family. 

This  rule  covers  cases  of  contagious  diseases  of  the  skin  and 
scalp,  and  purulent  discharges  from  eyes,  nose  and  ears,  as  well  as 
all  diseases  of  an  infectious  or  contagious  nature.  Cases  of  pedicu- 
losis or  other  vermin  shall  be  sent  home,  and  may  not  return  until 
the  medical  inspector  or  teacher  is  satisfied  of  their  cure. 

7.  The  medical  inspector  shall  be  especially  careful  to  comply  with 
all  rules  and  regulations  of  the  local  and  State  Boards  of  Health,  and 
shall  promptly  notify  the  proper  authorities  of  all  cases  of  conta- 
gious or  infectious  disease  as  if  occurring  in  his  private  practice. 


228  RULES  AND  REGULATIONS. 

8.  The  medical  inspector  shall  examine  regularly  the  sanitary 
conditions  of  all  school  properties  in  his  district  and  keep  the  Board 
of  Education  informed  thereof.  Any  special  work  required  of  the 
medical  inspector  by  the  local  Board  of  Education,  such  as  frequent 
extra  visits,  vaccinations  or  fumigations,  shall  be  arranged  for  by 
mutual  agreement. 

9.  The  medical  inspector  shall  give  at  least  three  lectures  to  the 
teachers  of  his  district  each  year,  one  each  on 

a.  The  prevention  and  detection  of  communicable  diseases. 

b.  School  hygiene  and  sanitation. 

c.  First  aid  to  the  injured. 

10.  The  certificate  of  exemption  from  vaccination  of  any  pupil 
shall  be  made  by  the  medical  inspector  as  required  by  Section  136 
of  the  School  Law. 

APPEALS. 

1.  All  appeals  shall  be  heard  on  the  record  on  which  the  Com- 
missioner of  Education  rendered  his  decision,  which  record  shall 
be  certified  by  him  to  the  State  Board  of  Education. 

APPEALS — HOW  AND  WHEN  TO  BE  TAKEN. 

2.  Appeals  must  be  taken  within  thirty  days  after  the  Commis- 
sioner of  Education  has  filed  his  decision.  An  appeal  shall  be  taken 
by  filing  with  the  Commissioner  and  serving  by  registered  mail  or 
personally  upon  the  adverse  party  or  his  attorney,  a  notice  identify- 
ing the  decision  and  stating  that  an  appeal  is  taken  to  the  State 
Board  of  Education  from  it,  or  from  such  part  of  it  as  may  be 
specified.  An  affidavit  setting  forth  the  time  and  manner  of  service 
must  be  promptly  filed  with  the  Commissioner. 

POINTS. 

3.  Within  five  days  after  an  appeal  is  taken  the  appellant  shall 
file  with  the  Secretary  of  the  Board  and  serve  upon  the  respon- 
dent a  statement  setting  forth  the  points  on  which  he  relies  and  a 


RULES   AND   REGULATIONS.  229 

reference  to  the  evidence  and  authorities,  if  any,  in  support  thereof. 
At  the  same  time  he  shall  file  with  the  Secretary  of  the  Board,  if 
he  so  desires,  a  written  request  for  an  oral  hearing.  The  respon- 
dent within  five  days  after  the  service  of  the  appellant's  points  may 
file  with  the  Secretary  of  the  Board  and  serve  upon  the  appellant 
an  answer  to  his  points,  and  if  he  so  desires,  a  written  request  for 
an  oral  hearing. 

4.  If  answering  points  are  served  the  appellant  may  within  two 
days  thereafter  file  and  serve  points  in  reply. 

HEARING  ON  APPEAL. 

5.  On  the  fifteenth  day  after  an  appeal  has  been  taken,  the 
Secretary  of  the  Board  shall  remit  the  record,  certified  as  here- 
inbefore provided,  the  notice  of  appeal,  the  affidavit  of  service, 
the  points  and  the  requests,  if  any,  for  an  oral  hearing,  to  the 
Advisory  Committee.  Such  committee  shall  determine  whether  or 
not  an  oral  hearing  should  be  held,  and  if  so,  it  shall  fix  the  time 
and  place  and  notify  the  parties.  It  shall  consider  the  appeal  and 
recommend  its  conclusions  to  the  Board. 

COPIES    OF    RULES. 

6.  When  a  notice  of  appeal  is  filed  in  the  office  of  the  Commis- 
sioner of  Education,  he  shall  forthwith  mail  a  copy  of  these  rules 
to  each  of  the  parties. 

MANUAL    TRAINING. 

1.  Balances  of  manual  training  funds  on  hand  at  the  close  of  the 
school  year  shall  be  available  only  for  expenses  for  manual  train- 
ing work  during  the  next  school  year. 

2.  No  applications  for  State  aid  shall  be  granted  until  the  course 
of  study  has  been  approved  by  the  State  Board  of  Education.  The 
preliminary  examination  of  the  proposed  courses  of  study  is  dele- 
gated to  the  Commissioner  of  Education. 

3.  After  evidence  has  been  presented  that  the  approved  course 
of  study  is  not  being  carried  out,  in  any  district,  approval  may  be 
withdrawn  and  further  grants  of  State  aid  shall  no  longer  be  made 
to  that  district. 


230  RULES  AND   REGULATIONS. 

4.  All  teachers  paid  in  whole  or  in  part  from  the  manual  training 
fund  shall  hold  certificates  valid  for  manual  training  granted  by 
the  State  Board  of  Examiners  or  by  a  City  Board  of  Examiners. 

5.  No  district  shall  be  entitled  to  an  apportionment  from  State 
school  moneys  under  the  provisions  of  Article  XVII  for  a  teacher 
paid  in  whole  or  in  part  from  the  manual  training  fund,  except  that 
a  district  shall  be  entitled  to  an  apportionment  for  a  temporary 
teacher  when  at  least  half  his  time  is  spent  on  other  subjects  than 
manual  training  and  when  his  salary  for  such  other  work  is  paid 
from  school  moneys  other  than  those  devoted  to  manual  training. 

6.  Districts  shall  be  entitled  to  apportionments  under  the  pro- 
visions of  Article  XVII  for  teachers  of  manual  training  provided 
no  portions  of  the  salaries  of  such  teachers  are  paid  from  manual 
training  funds. 

7.  All  special  teachers  and  supervisors  paid  from  the  manual 
training  fund  must  give  their  entire  time  to  the  manual  training 
activities  and  those  phases  of  work  which  are  necessarily  an  in- 
herent part  of  them,  such  as  closely  related  applied  arts  and  mathe- 
matics. 

8.  Whenever  the  product  of  the  manual  training  work  is  sold 
the  manual  training  fund  shall  be  credited  with  the  amount  received. 

9.  Whenever  the  product  of  the  manual  training  work  has  com- 
mercial value  and  is  used  in  other  departments  of  the  school  system, 
the  cost  of  the  materials  used  shall  be  charged  to  other  accounts 
than  manual  training. 

10.  No  part  of  the  manual  training  fund  is  to  be  used  for  heat, 
light  or  janitor  service  unless  the  entire  building  is  devoted  to  the 
work  of  manual  training. 

11.  Permission  shall  be  secured  from  the  Commissioner  of  Edu- 
cation before  any  part  of  the  manual  training  funds  shall  be  ex- 
pended for  rent  of  a  room,  rooms,  or  an  entire  building  for  the 
purpose  of  conducting  a  course  in  manual  training. 

12.  No  part  of  the  charges  for  a  new  building  or  repairs  to  an 
old  building  shall  be  paid  from  the  manual  training  fund. 

13.  Salaries  of  teachers  engaged  exclusively  in  book  work  in 
agriculture  shall  not  be  charged  to  the  manual  training  account. 

14.  Boards  of  Education  shall  not  purchase  kindergarten  supplies 
from  the  manual  training  fund. 


RULES  AND   REGULATIONS.  231 

15.  No  application  for  State  aid  shall  receive  favorable  consid- 
eration until  the  annual  report  required  by  law  shall  have  been  filed 
with  the  Commissioner  of  Education. 


TUITION    FEES. 

"The  board  of  education  in  each  school  district  in  which  a  pupil 
residing  in  another  district  is  enrolled,  and  from  whom  a  tuition 
fee  is  paid  from  public  funds,  shall  send  monthly  to  the  board  of 
education  paying  the  tuition  fee  a  report  showing  the  grade  in  which 
such  pupil  is  enrolled,  the  number  of  days  present,  the  number  of 
days  absent  and  the  number  of  times  tardy  during  the  month  for 
which  the  report  is  made." 

MANUAL  TRAINING  AND  INDUSTRIAL  SCHOOL  FOR   COLORED  YOUTH. 

I.  The  County  Superintendent  shall  announce  any  vacancy  for  his 
county  in  the  Manual  Training  and  Industrial  School  for  Colored 
Youth,  giving  as  wide  publicity  as  possible  through  school  principals, 
press,  etc.,  and  inviting  colored  boys  and  girls  to  apply  for  the 
scholarship. 

II.  From  the  applicants,  the  County  Superintendent  shall  appoint 
for  any  vacancy  the  boy  or  girl  who  in  his  judgment  shall  be  best 
qualified  to  pursue  the  work  of  the  school,  taking  into  account  the 
following : 

(1)  Attainment  in  fundamental  school  subjects,  such  as  Eng- 
lish, Arithmetic,  etc. 

(2)  Moral  character. 

(3)  Fitness  for  industrial  work. 

(4)  Ambition  for  an  education. 

III.  When  the  County  Superintendent  has  made  his  selection  he 
shall  send  notice  to  the  candidate  selected,  and  to  the  Principal  of 
the  Bordentown  School,  and  to  the  Secretary  of  the  State  Board 
of  Education,  who  shall  report  the  same  to  the  State  Board  of  Edu- 
cation. 


232  RULES  AND   REGULATIONS. 

SCHOOL    BUILDINGS. 

In  order  that  the  lives,  health,  sight  and  comfort  of  pupils  may 
be  properly  protected,  all  schoolhouses  hereafter  erected  shall  com- 
ply with  the  following  conditions: 

When  existing  schoolhouses  are  enlarged  these  provisions  shall 
apply  only  to  the  added  portion.  It  is  recommended,  however,  that 
the  old  portion  of  such  buildings  shall  conform  to  the  provisions  of 
the  Code  as  far  as  practicable.  Correspondence  is  invited  from 
districts  considering  the  enlarging  or  remodeling  of  existing  school- 
houses. 

DEFINITION    OF    CLASSROOM. 

Whenever  the  word  "classroom"  is  used  it  is  construed  to  mean 
"all  rooms  in  a  school  building  used  by  the  pupils  for  classroom 
or  study  purposes"  (exclusive  of  gymnasium,  assembly  rooms  and 
manual  training  rooms). 

LIGHT. 

Unilateral  Lighting 

The  windows  in  all  classrooms  shall  be  so  arranged  that  the  light 
shall  come  from  the  pupils'  left.  If  desirable  to  have  more  window 
space,  the  supplemental  light  shall  come  from  the  rear.  The  win- 
dows shal  be  grouped  together  as  nearly  as  possible  on  the  pupils' 
left.  The  windows  shall  extend  as  near  to  the  ceiling  as  the  prin- 
ciples of  construction  will  admit,  and  must  be  without  transoms  or 
unnecessary  framework.  Any  considerable  area  on  the  side  to  the 
left  of  the  pupils  that  is  without  window  surface  should  be  op- 
posite the  space  in  front  of  or  in  the  rear  of  the  pupils'  desks.  The 
total  glass  area  on  the  pupils'  left  side  exclusive  of  mullions,  stiles, 
rails  and  check  rails,  must  equal  at  least  twenty  per  cent,  of  the 
floor  surface. 

Prismatic  Glass. 

A  ten  per  cent,  deficiency  in  the  required  glass  area  of  a  class- 
room may  be  corrected  by  the  use  of  prism  glass  in  the  upper  sash 
of  window. 


RULES  AND   REGULATIONS.  233 

Bay  IVindozvs 

Bay  windows  will  not  be  permitted  in  any  classroom,  except 
those  used  for  kindergarten  purposes  exclusively. 

Laboratories  and  Libraries 

Laboratories  and  libraries  shall  have  glass  area  equal  to  at  least 
twenty  per  cent,  of  the  floor  space;  this  light  may  come  from  any 
direction. 

VENTILATION.  . 

Each  classroom  shall  have  at  least  eighteen  square  feet  of  floor 
space  and  two  hundred  cubic  feet  of  air  space  for  each  pupil  to  be 
accommodated  in  such  classroom.  All  school  buildings  shall  have  a 
system  of  ventilation  by  means  of  which  each  classroom  shall  be  sup- 
plied with  fresh  air  at  the  rate  of  not  less  than  thirty  cubic  feet  per 
minute  per  pupil.  Approved  ventilating  stoves  will  be  allowed  in 
all  one-story  school  buildings,  and  in  all  school  buildings  in  which 
the  number  of  rooms  does  not  exceed  two. 

The  State  Board  of  Education  strongly  recommends  the  installa- 
tion of  a  mechanical  system  of  ventilation,  operating  by  electricity, 
gas,  steam  or  other  motive  power,  in  all  buildings  of  four  or  more 
rooms,  and  of  two  or  more  stories  in  height,  as  experience  shows 
that  gravity  ventilation  is  unreliable. 

HEATING. 

The  heating  plant  must  be  capable  of  heating  all  parts  of  the 
building  to  a  uniform  temperature  of  seventy  degrees  in  zero 
weather,  with  the  ventilating  system  furnishing  the  required  amount 
of  fresh  air  in  each  classroom. 

Heater  Rooms 

All  boiler  and  furnace  rooms  shall  be  enclosed  by  fireproof  walls, 
floors  and  ceilings,  and  all  doors  shall  be  of  Underwriters'  approved 
type  fire-doors,  tin-clad,  hung  with  proper  equipment  to  keep  them 
closed.  The  ceiling  or  floor  construction  over  said  rooms  shall  be 
of  reinforced  concrete  or  standard  fireproof  hollow  arched  tile  and 
steel   beam   construction,   designed  to  be  absolutely   fireproof  and 


234  RULES  AND   REGULATIONS. 

capable  of  sustaining  a  live  load  of  one  hundred  pounds  per  square 
foot. 

SUGGESTIONS   FOR    PLACING    BLACKBOARDS. 

The  importance  of  blackboards  in  the  daily  work  of  the  school 
is  often  very  much  underrated  by  school  boards  and  architects. 
This  matter  is  now  generally  well  planned  in  new  buildings  in  cities, 
but  in  country  districts  it  is  not  unusual  to  find  blackboards  of  very 
poor  quality  and  unnecessarily  limited  in  amount. 

All  available  space  in  the  front  of  the  schoolroom  and  on  the 
right  hand  side  of  pupils  should  be  given  to  blackboards. 

These  boards  should  be  of  slate  and  of  good  quality. 

They  should  be  four  feet  wide  (from  top  to  bottom). 

A  chalk  trough  three  inches  wide  should  be  placed  along  the 
lower  edge  of  all  boards. 

The  following  directions  for  placing  blackboards  have  been  is- 
sued by  the  U.  S.  Bureau  of  Education : 

ONE-ROOM     BUILDINGS. 

Grades  I— VII 

The  board  on  front  wall — 32  inches  above  floor. 
The  board  on  side  wall — 26  inches  above  floor. 

TWO-ROOM    BUILDINGS. 

Grades  I — IV 

The  board  on  front  wall — 26  inches  above  floor. 
The  board  on  side  wall — 26  inches  above  floor. 

Grades  V—VIII 

The  board  on  front  wall — 30  inches  above  floor. 
The  board  on  side  wall — 30  inches  above  floor. 

TWO-STORY    BUILDINGS. 

All  school  buildings  two  stories  in  height,  and  of  more  than  four 
classrooms  above  the  first  floor,  shall  have  enclosing  walls  of  hard 
burned  brick,  stone  or  concrete. 

THREE-STORY    BUILDINGS. 

All  school  buildings  of  three  or  more  stories  in  height  shall  be  of 
fireproof  construction.     The  doors,  windows,  window  frames,  roof 


RULES  AND   REGULATIONS.  235 

rafters  and  trusses,  trim,  finished  floors  and  other  interior  finish 
may  be  of  wood. 

BASEMENTS. 

When  a  school  building  has  a  basement,  the  ceiling  of  which  is 
seven  and  one-half  feet  or  more  above  the  finished  grade  line  at  any 
point,  such  basement  shall  constitute  a  story,  and  will  be  so  con- 
sidered in  determining  the  number  of  stories  in  such  school  build- 
ing. 

AUDITORIUMS. 

A  building  having  an  auditorium  or  classroom  on  the  third  floor 
is  considered  as  a  three-story  building. 

It  is  strongly  recommended  that  auditoriums  be  placed  on  the 
first  floor.  All  auditoriums  shall  have  ample  means  of  exit,  leading 
direct  to  the  street.  Unless  especially  approved,  auditoriums  will 
not  be  allowed  on  the  second  floor  if  their  seating  capacity  is  five 
hundred  or  more  persons. 

FLOOR   BEAMS. 

The  following  is  a  schedule  of  the  size  of  unsupported  floor  beams 
and  the  maximum  spans  of  such  unsupported  floor  beams  that  will 
be  permitted: 

Hemlock — Spans  over  18  feet  and  up  to  20  feet  inclusive,  2  x  12 

spaced  16  inches  on  center. 
Spruce — Spans  over  20  feet  and  up  to  22  feet  inclusive,  3  x  12 

spaced  12  inches  on  center. 
Spruce — Spans  over  22  feet  and  up  to  24  feet  inclusive,  3  x   14 

spaced  12  inches  on  center. 
Yellow  pine — Spans  over  24  feet  and  up  to  26  feet  inclusive,  3  x  14 

spaced  16  inches  on  center. 
Yellow  pine — Spans  over  26  feet  and  up  to  30  feet  inclusive,  3  x  14 

spaced  12  inches  on  center. 
All  spans  shall  be  bridged  with  2x3  herring  bone  bridging  not 
less  than  8  feet  apart. 

TERRA  COTTA  TILE  WALLS. 

Hollow  tile  may  be  used  for  exterior  and  interior  bearing  walls 
which  receive  directly  the  loads  from  floors  or  roofs,  in  addition 
to  their  acting  as  partition  walls,  in  buildings  not  more  than  two 


236  RULES  AND   REGULATIONS. 

stories  in  height,  provided  the  load  does  not  exceed  two  hundred 
pounds  per  square  inch  of  effective  bearing  parts.  The  thickness 
of  such  walls  shall  not  be  less  than  would  be  required  for  brick 
walls.  The  thickness  of  walls  shall  be  calculated  as  the  outside 
dimension  of  the  tile  (exclusive  of  plaster  and  stucco)  and  each 
tile  shall  be  the  full  thickness  of  the  wall. 

All  tile  used  in  bearing  walls  shall  be  laid  with  the  voids  running 
vertically  (except  an  approved  interlocking  tile)  and  shall  be  laid 
in  mortar  composed  of  one  part  Portland  cement,  two  and  a  half 
parts  sand  and  not  more  than  one-tenth  (bulk  measurement)  of 
hydrated  lime. 

No  blocks  will  be  approved  that  do  not  develop  a  compressive 
strength  of  at  least  three  thousand  five  hundred  pounds  per  square 
inch  of  net  section ;  and  in  no  case  shall  the  voids  exceed  fifty  per 
cent,  of  the  gross  sectional  area. 

All  blocks  used  in  outside  walls  must  be  dense  and  well  burned, 
and  shall  not  absorb  more  than  one-tenth  (ten  per  cent.)  of  their 
weight  in  water  after  immersion  two  hours,  and  must  have  a  clear, 
ringing  sound  when  struck. 

No  tile  shall  be  used  in  any  bearing  walls  below  the  first  floor 
of  beams. 

Hollow  tile  may  be  faced  with  brick,  or  stuccoed  after  being  made 
damp-proof  by  approved  methods.  If  faced  with  brick,  such  brick 
facing  shall  not  be  considered  as  performing  any  constructive 
function  unless  such  brickwork  is  properly  bonded  to  the  tile  walls 
by  a  continuous  course  of  brick  headers  at  least  every  two  courses 
in  height  of  tile,  or  every  seventh  course  of  brickwork,  if  the  tiles 
are  of  such  size  as  will  permit. 

Header  course  of  flemish  bond  will  be  approved.  The  header 
courses  may  be  backed  with  hollow  brick. 

Where  floor  beams  rest  on  tile  walls,  two  courses  of  hard  burned 
brick  shall  be  laid  directly  under  such  beams. 

Where  girders  rest  upon  walls  so  that  there  is  a  concentrated  load 
on  the  block  of  more  than  one  ton,  the  blocks  supporting  the  girder 
must  be  made  solid  by  filling  with  Portland  cement  concrete.  Where 
such  concentrated  loads  shall  exceed  three  tons,  the  blocks  for  two 
courses  below  and  for  a  distance  extending  at  least  eighteen  inches 
each  side  of  such  girder,  shall  be  made  solid.  Where  the  load  on 
the  wall  exceeds  five  tons,  the  blocks  for  three  courses  beneath  and 


RULES  AND   REGULATIONS.  237 

at  least  three  feet  each  side  of  such  girder  shall  be  made  solid  in  a 
similar  manner. 

All  piers  or  jambs  that  support  loads  in  excess  of  four  tons  shall 
be  built  with  brick  masonry,  concrete  or  blocks  filled  solid  with 
Portland  cement  concrete. 

Each  tier  of  beams  shall  be  anchored  to  the  side  and  end  walls 
at  intervals  of  not  more  than  six  feet. 

No  walls  constructed  of  hollow  tile  shall  be  broken  to  receive 
pipes,  but  must  be  provided  with  chase  or  especially  moulded  blocks. 

Hollow  blocks  spanning  more  than  four  feet  must  be  properly 
reinforced.    The  skew-backs  must  also  be  filled  solid  with  concrete. 

Where  walls  are  decreased  in  thickness,  the  top  course  of  the 
thicker  wall  must  be  made  solid  with  concrete  or  have  two  courses 
of  hard  burned  brick. 

CHIMNEYS. 

No  chimney  shall  be  started  or  built  upon  any  floor  or  wood 
beams.  The  brick  used  in  chimneys  shall  be  good,  hard  and  well 
burned. 

CORRIDOR   WALLS   AND   FLOORS. 

Interior  corridor  walls  and  hallway  floor  construction  must  be  of 
fireproof  material.  (See  heater  rooms,  ceiling  construction,  for 
floor  in  corridors). 

HEIGHT    OF    CEILINGS. 

All  ceilings  shall  be  at  least  twelve  feet  in  height.  Every  school 
building  more  than  one  story  in  height  shall  have  sheet  metal  ceilings, 
or  plastered  ceilings  on  metal  lath. 

MANUAL    TRAINING    ROOMS. 

Any  school  building  having  rooms  in  the  basement  which  are  used 
for  such  activities  as  manual  training,  domestic  science  or  chemical 
laboratory,  said  rooms  shall  have  enclosing  walls  of  fireproof  con- 
struction. The  ceilings  over  said  rooms  shall  also  be  of  fireproof 
materials.  (See  heater  rooms,  ceiling  construction.)  The  interior 
doors  leading  to  the  rooms  shall  be  of  kalamein  or  other  approved 
fireproof  doors;  said  doors  to  be  equipped  with  proper  springs  to 
keep  them  normally  closed.  No  stops,  hooks  or  other  devices  to 
hold  the  doors  open  will  be  approved.  When  such  doors  are  glazed 
it  must  be  with  wire-glass. 


238  RULES   AND   REGULATIONS. 

STAIRS. 

Width,  Treads,  Risers 

All  stairways  (except  cellar  stairs)  must  be  not  less  than  four 
feel  in  width  and  shall  have  intermediate  landings.  The  stair  risers 
shall  not  exceed  seven  inches  in  height,  and  the  treads  shall  not  be 
less  than  twelve  inches  in  width  (including  the  projecting  nosings). 

A  uniform  width  must  be  maintained  in  all  stairways  and  plat- 
forms, and  there  must  be  a  uniform  rise  and  tread  for  each  run. 

Handrails 

Handrails  shall  be  properly  placed  on  both  sides  on  all  stairways 
used  by  pupils,  and  the  inside  rail  must  be  continuous. 

Winders 

No  winders  will  be  allowed. 

Safety  Treads 

Stairways  constructed  of  reinforced  concrete  shall  have  an  ap- 
proved non-slippable  tread  embedded  in  the  concrete. 

Construction,  Enclosure 

All  stairs  must  be  constructed  of  fireproof  material  (except  stairs 
in  one-story  buildings  leading  to  the  cellar  or  basement,  which  may 
be  of  slow-burning  construction)  with  no  open  riser,  and  must  be 
enclosed  by  fireproof  walls  and  without  open  well  holes. 

Partitions 

All  stairways  in  buildings  of  more  than  one  story  in  height  must 
be  separated  from  corridors  by  thick  wood,  iron  or  kalamein  par- 
titions. Doors  shall  swing  toward  the  exits  only  and  be  glazed  with 
polished  wire  glass.  All  such  doors  shall  have  door  springs  and 
checks,  but  no  floor  stops  or  other  devices  to  hold  the  doors  open 
will  be  allowed. 

Number  of  Stairways 

There  should  be  two  flights  of  stairs  in  buildings  having  more 
than  two  rooms  and  less  than  nine  rooms  on  the  second  floor,  one 
stairway  at  each  end  of  the  building,  and  each  leading  direct  to  an 
exit  from  the  first  floor  to  the  ground. 

Every  school  building  having  nine  or  more  classrooms  on  the 
second  floor  shall  have  at  least  three  flights  of  stairs,  each  leading 
to  an  exit  from  the  first  floor  to  the  ground.    There  should  be  one 


RULES  AND   REGULATIONS.  239 

stairway  near  each  end  of  the  building;  other  stairways  must  be 
subject  to  approval  as  to  number  and  location  in  each  case. 

DOORS. 

"In  any  schoolhouse  of  two  or  more  stories  in  height,  the  doors 
leading  from  the  classrooms  to  the  corridors  and  from  the  said 
corridors  to  the  street  or  to  the  ground  surrounding  such  school- 
house,  shall  open  outward.  All  swing  doors  shall  have  plate  glass 
windows  of  suitable  dimensions."  (Swing  doors  are  construed  to 
mean  single  and  double  acting  doors.) 

Ant i- panic  Bolts 

All  outside  entrance  or  exit  doors  shall  have  key  locks  that  can 
be  locked  on  the  outside  only,  but  that  can  always  be  easily  opened 
on  the  inside  by  simply  turning  the  knob  or  pressing  the  release  bar. 
No  night  latch  attachment,  bolts,  hooks,  thumb  knobs  or  other  lock- 
ing device  is  to  be  used. 

Fire  Door  at  Basement  Stairivay 

Every  school  building  shall  have  an  exit  to  the  ground  for  every 
flight  of  stairs  leading  to  the  first  floor.  All  doors  leading  to  the 
cellar  or  basement  shall  be  fireproof  and  fitted  with  springs  to  keep 
them  closed,  except  in  one-story  buildings. 

CLOAK-ROOMS. 

Ample  cloak-rooms  shall  be  provided.  They  should  be  well 
lighted,  ventilated  and  heated.  They  should  be  provided  with  a 
sufficient  number  of  hooks  so  that  each  pupil  may  have  one  for  his 
individual  use.  These  hooks  should  be  placed  low  enough  so  that 
the  young  children  can  readily  reach  them. 

INSIDE  TOILETS. 

Individual  porcelain  bowl  water  closets,  and  slate  corrugated  glass 
or  porcelain  urinals,  properly  ventilated,  must  be  provided  where 
running  water  can  be  secured.  No  latrine,  range  or  incinerating 
closets  will  be  permitted.  All  floors  surrounding  and  within  three 
feet  of  inside  water  closets  or  urinals  must  be  constructed  of  non- 
absorbent  waterproof  materials.  Suitable  wash-bowls  must  be  in- 
stalled in  each  toilet  room. 


240  RULES  AND   REGULATIONS. 

Vent  Flues 

The  ventilating  flues  and  ducts  leading  from  toilet  rooms  must 
not  connect  with  those  leading  to  or  from  any  other  room.  All 
toilet  rooms  must  be  located  so  as  to  receive  ample  outside  light. 

OUTSIDE    DRY    TOILETS. 

"Each  Board  of  Education  shall  provide  at  least  two  suitable  and 
convenient  outhouses  or  water-closets  for  each  of  the  schoolhouses 
under  its  control.  Said  outhouses  or  water  closets  shall  be  entirely 
separated  each  from  the  other,  and  shall  have  separate  means  of 
access.  Said  outhouses  and  said  water-closets,  if  detached  from  the 
schoolhouse,  shall  be  separated  by  a  substantial  close  fence,  not  less 
than  seven  feet  in  height." 

The  vaults  under  these  outhouses  or  water-closets  shall  be  built 
of  brick  and  laid  in  cement  mortar  or  concrete  and  shall  not  extend 
under  the  floor  of  said  building,  but  may  project  beyond  the  rear 
of  the  building  to  facilitate  the  proper  cleaning. 

The  vaults  shall  be  properly  ventilated  by  running  a  wooden  or 
metal  flue  from  the  under  side  of  the  floor  line  up  through  the  roof. 
This  flue  should  not  be  less  than  eight  inches  square  (inside  meas- 
urement). Each  toilet  should  be  provided  with  a  sash  not  less  than 
two  feet  square,  arranged  to  slide  or  hang  on  hinges.  This  opening 
must  be  covered  with  a  close  mesh  copper  wire  fly  screen.  Outside 
of  each  boys'  outhouse  or  water-closet,  properly  protected  from  the 
rain  or  snow,  shall  be  provided  a  metal  urinal  trough  drained  into 
the  vault  of  said  closet.  This  trough  and  the  buildings  are  to  be 
properly  screened  by  a  tight  board  screen  not  less  than  seven  feet 
high.  All  outside  toilet  doors  shall  be  equipped  with  proper  locks 
and  spring  hinges  or  springs  to  keep  said  doors  shut. 

FIRE    ESCAPES. 

Where  fire  escapes  are  found  necessary  they  shall  be  constructed 
of  iron  strings,  treads  and  closed  risers,  said  risers  being  not  more 
than  seven  inches  high  and  the  treads  not  less  than  ten  and  one-half 
inches  in  width.  The  top  platform  must  be  level  with  the  class- 
room floor  and  entrance  to  the  platform  shall  be  made  by  means  of 
a  door,  which  must  be  cut  down  to  the  level  of  the  floor.  The 
stairs  shall  not  be  less  than  thirty-six  inches  wide  and  shall  be  sup- 
ported on  strong  iron  brackets  bolted  entirely  through  the  wall,  or 


RULES   AND   REGULATIONS.  241 

on  iron  columns.  Long  runs  must  have  intermediate  landings.  The 
lowest  flight  must  not  be  movable.  The  outside  strings  shall  be 
protected  by  a  heavy  galvanized  wire  mesh  screen  or  other  approved 
protective  railing  not  less  than  five  feet  high.  Whenever  a  fire 
escape  crosses  a  window,  said  window  must  be  glazed  with  wire- 
glass.     Handrails  must  be  provided  for  each  side  of  the  stairs. 

WASTE    PAPER    CHUTES. 

Waste  paper  chutes  must  be  constructed  of   fireproof  material 
throughout,  including  self-closing  doors. 

SEATING. 

All  plans  and  blue  prints  must  show  the  location  of  each  pupil's 
and  teacher's  desk,  together  with  the  number  of  pupils'  desks. 

LIVING  APARTMENTS. 

Living  apartments  will  not  be  approved  in  any  part  of  a  school 
building. 


SCHOOL  LAW  DECISIONS 

OF 

COMMISSIONER  OF  EDUCATION 

AND 

STATE  BOARD  OF  EDUCATION 


(243) 


TEACHERS'  TENURE  OF  SERVICE  ACT.     CHAPTER  243,   P.   L.   1909. 

Sue  H.  Coles, 

Appellant, 
vs. 
The    Board   of    Education    of    Pilesgrove 
Township, 

Respondent. 

E.  G.   C.  Bleakley,  for  the  Appellant. 
T.  G.  Hilliard,  for  the  Respondent. 

[Decision  of  the   Commissioner  of  Education.] 

The  Appellant  has  been  in  the  employ  of  the  Respondent  continuously  since 
September,  1903,  and  is,  therefore,  protected  by  Chapter  243.  P.  L.  1909,  com- 
monly known  as  the  Teachers'  Tenure  of  Service  Act.  Said  act  provides  that 
a  teacher  or  principal,  after  three  years  of  continuous  service  cannot  be  removed 
or  subjected  to  reduction  in  salary  "except  for  inefficiency,  incapacity,  conduct 
unbecoming  a  teacher  or  other  just  cause,"  and  upon  written  charges  and  after 
a   hearing   before   the  board   of  education. 

On  July  20,  191 1,  written  charges  of  "inefficiency,  incapacity,  conduct 
unbecoming  a  teacher  and  insubordination  to  the  rules,  requirements  and 
orders"  of  the  board  of  education  were  preferred  against  Miss  Coles. 

The  Respondent  held  a  hearing  on  these  charges  on  August  30,  1911,  and.  at 
a  meeting  held  September  18,  191 1,  the  respondent  adopted  the  following 
resolution  : 

"Resolved,  That  this  Board  do  find  the  charges  preferred  by  Richard  K. 
Layton  against  Sue  H.  Coles,  supervis  ng  principal  of  the  school  district  of  the 
Township  of  Pilesgrove  are  true  in  fact,  and  that  the  said  Sue  H.  Coles  is 
guilty  of  conduct  unbecoming  a  teacher,  and  of  insubordination,  and  that  such 
insubordination  and  conduct  unbecoming  a  teacher  is  just  cause  for  a  removal 
from  her  position  as  superv'sing  principal  of  the  school  district  of  the  Town- 
ship of  Pilesgrove,  Salem  County,  New  Jersey,  and  that  she,  the  said  Sue  H. 
Coles  be  and  she  hereby  is  dismissed  from  her  employment  as  supervising  prin- 
cipal as  aforesaid  and  from  the  employment  of  this  Board  of  Education  in 
any   position." 

At  the  hearing  before  me  the  counsel  for  the  Respondent  said  "the  general 
charge  in  the  charges  of  inefficiency  and  incapacity  is  not  sustained  by  the  evidence 
and  must  therefore  be  abandoned.  The  Iredell  charge  is,  in  my  humble  judg- 
ment, clearly  sustained  by  the  evidence  and  is  pressed.  The  charge  in  regard  to 
the    Mrs.    Shoemaker    incident    is    not    withdrawn." 

The  only  charges  to  be  considered,  therefore,  are,  was  the  Appellant  guilty 
of  inefficiency,  incapacity,  conduct  unbecoming  a  teacher  and  insubordination  in 
the   Iredell    and    Shoemaker   cases? 

The  charges  in  these  cases  are  not  sustained  by  the  evidence. 

The  resolution  dismissing  Miss  Coles,  adopted  by  the  Board  of  Education  of 
Pilesgrove  Township  at  the  meeting  held  September  18,  191 1,  is  null  and  void, 
and  the  judgment  rendered  at  said  meeting  is  reversed. 

August  29,  191 1. 

(245) 


246  SCHOOL  LAW  DECISIONS. 

RESIGNATION    OF   TEACHER. 

Elsie  B.  Nicholson 

Appellant 
Board  of  Education  of  the  Borough 
of  swedesboro. 

Respondent. 

[Decision  of  the  Commissioner  of   Education.] 

J.  Warren  Davis  and  Frank  S.  Katzenbach,  for  the  Appellant. 
David  O.  Watkins,  for  the  Respondent. 

The  Appellant  in  this  case  appeals  from  the  action  of  the  Respondent 
accepting,  on  April  3,  191 1,  her  resignation  as  Supervising  Principal  of  Schools, 
said  resignation  having  been  previously  rejected  at  a  meeting  of  the  Board  of 
Education   held    March   31st. 

Miss  Nicholson  had  for  some  years  been  in  the  employ  of  the  Board  of 
Education  of  the  Borough  of  Swedesboro  as  Supervising  Principal  of  Schools, 
and  on  February  8th,  191 1,  she  presented  to  the  Board  her  resignation  "to 
take  effect  when  the  work  of  the  present  school  year  will  have  been  com- 
pleted."    The  resignation  was  received  and  laid  over. 

At  a  meeting  of  the  Board  held  March  31st  a  motion  was  adopted  "that 
the   resignation   of   the   supervising   principal   be   not   accepted." 

At  a  meeting  of  the  Board  held  April  3rd,  191 1,  the  minutes  of  the  meeting 
were  "read  and  approved  except  motion  as  to  Supervising  Principal's  resig- 
nation" and  at  the  same  meeting  the  following  motion  was  unanimously  adopted: 
"That  the   Supervising    Principal's   resignation   be  accepted." 

At  meetings  of  the  Board  held  on  August  31st  and  September  18th,  191 1, 
it  was  ordered  that  Miss  Nicholson  be  again  notified  that  her  resignation  had 
been  accepted  and  that  she  was  no  longer  in  the  employ  of  the  Board. 

Section  238  of  the  School  Law  (P.  L.  1903,  Special  Session)  provides 
that  the  school  year  shall  begin  on  the  first  day  of  July  and  end  on  the  30th 
day  of  June.  The  resignation,  when  accepted,  would,  therefore,  go  into  effect 
on  or  about  June  30th. 

The  Appellant  has  produced  evidence  that  subsequent  to  the  date  when 
her  resignation  would  become  effective,  she  rendered  service  to  the  Board 
by  furnishing  lists  of  text-books  and  supplies  needed  for  the  coming  school 
year,  but  there  is  no  evidence  that  such  lists  were  furnished  at  the  request  of 
the  Board. 

If  the  Board  of  Education  had  power  on  March  31st  to  act  on  the  resigna- 
tion of  Miss  Nicholson,  then  the  subsequent  action  taken  on  April  3rd  was  null 
and  void.  The  first  question  to  be  determined,  therefore,  is,  did  the  Board  of 
Education  on  that  date  have  power  to  act  on  a  resignation  which  was  not  to  go 
into  effect  until  about  June  30th? 

Section  79  of  the  school  law  (P.  L.  1903,  Special  Session)  provides  that  an 
annual  meeting  for  the  election  of  members  of  a  board  of  education  incor- 
porated under  Section  84  of  said  act,  shall  be  held  on  the  third  Tuesday  in 
March,  and  Section  85  of  said  act,  as  amended  ( F.  L.  1907,  p.  283),  provides  that 
the  Board  shall  organize  on  the  first  Monday  in  April. 


SCHOOL  LAW  DECISIONS.  247 

The  Board  of  Education  in  the  Borough  of  Swedesboro  is  incorporated  under 
Section  84  and  is  composed  of  nine  members,  three  members  being  elected  each 
year  who   take  office  on   the  first    Monday   in   April. 

The  Supreme  Court  in  the  case  of  Gulnac  vs.  The  Board  of  Chosen  Free- 
holders of  Bergen  County,  45  Vroom,  543,  said,  "Although  only  a  portion  of  a 
board  of  freeholders  goes  out  of  office  each  year,  the  body  itself  is  not  a  con- 
tinuous body  (State  vs.  Rogers,  27  Vroom,  480).  The  reasons  which  led  to 
the  decision  that  the  Senate  of  New  Jersey  is  not  a  continuous  body  are  quite 
as  cogent  in  the  case  of  a  board  of  freeholders."  The  same  reasoning  applied  to 
a  board  of  education  leads  to  the  conclusion  that  it  is  not  a  continuous  body. 

In  the  case  of  Pryor  vs.  Norton.  38  Vroom,  23.  the  Supreme  Court  said, 
"The  general  rule  is  that  the  resignation  of  a  municipal  office,  to  be  complete, 
must  be  accepted  by  the  authority  having  the  power  to  fill  the  vacancy  'thereby 
created,"  and  in  the  case  of  Fitch  vs.  Smith,  28  Vroom,  526.  it  said,  "Assuming 
for  present  purposes  that  the  position  of  principal  of  a  public  school  is,  as  the 
relator  insists,  a  public  office,  still  it  appears  that  when  the  relator  was  chosen 
to  that  office  by  the  former  board  of  trustees,  the  office  was  held  by  an  incum- 
bent whose  term  would  not  end  until  after  the  expiration  of  that  Board  and 
the  organization  of  a  new  board.  Such  a  choice  could  give  the  relator  no  title 
to  the  office,  as  the  power  of  appointment  belonged  to  the  board  which  would 
be  in  existence  when  the  office  became  vacant." 

'  The  board  of  education  which,  on  March  31st,  refused  to  accept  the  resig- 
nation of  the  appellant  ceased  to  exist  on  the  third  day  of  April,  and  the  action 
taken,  in  view  of  the  decisions  above  quoted  was  null  and  void. 

The  Board  of  Education  which  ceased  to  exist  on  April  3rd,  191 1,  having 
no  power  to  act  on  the  resignation  of  Miss  Nicholson,  the  next  question  to  be 
considered  is  could  the  Board  which  organized  on  that  date  act  on  said  resig- 
nation ? 

The  resignation  not  having  been  withdrawn  it  was  properly  before  'the  Board 
of  Education  as  soon  as  it  had  organized  and  said  Board  was  acting  within  its 
powers  when  it  accepted  Miss  Nicholson's  resignation. 

The  appeal  is  dismissed. 

November  10th  ,1911. 

[Decision  of  th.'  State  Board  of  Education.] 

This  is  an  appeal  by  Miss  Nicholson  from  a  decision  of  the  Commissioner 
of  Education  sustaining  the  acceptance  of  her  resignation  by  the  Board  of 
Education  of  the  Borough  of  Swedesboro  and  its  refusal  to  continue  her  em- 
ployment. 

In  May,  1907,  Miss  Nicholson  was  elected  Supervising  Principal  of  the 
Schools  of  Swedesboro  and  thereafter  yearly  contracts  were  made  with  her. 
On  the  8th  of  February,  191 1,  at  which  time  she  was  protected  by  the  Tenure 
of  Service  Act,  she  wrote  the  Board  of  Education  as  follows : 

"I  hereby  tender  my  resignation  as  Supervising  Principal  of  Schools  in 
the  District  of  the  Borough  of  Swedesboro,  to  take  effect  when  the  work  of 
the  present  school  year  will  have  been  completed,  to  those  members  of  the 
Board  who  have  aided  me  in  the  discharge  of  my  duties  as  Supervising  Principal, 
I  am  most  grateful,  wishing  you  success  in  all  your  undertakings  of  the  future." 


24S  SCHOOL  LAW  DECISIONS. 

This  letter  was  presented  at  a  meeting  of  the  Board  held  on  February  8th, 
the  day  of  its  date  and  "read  and  laid  over."  The  Board  consisted  of  nine  mem- 
bers, three  being  elected  annually  on  the  third  Tuesday  in  March  for  a  term 
of  three  years  from  the  first  Monday  in  April.  On  March  21st  a  school  elec- 
tion was  held.  Thereafter  on  Friday,  March  31st,  three  days  prior  to  the  first 
Monday  in  April,  the  Board  at  a  meeting  by  a  vote  of  five  to  four  resolved 
not  to  accept  her  resignation,  and  she  was  notified  by  letter  dated  April  1st. 
On  April  3d,  that  being  the  first  Monday  in  April,  the  new  Board  convened. 
Seven  members  were  present,  and  they  unanimously  resolved  to  accept  her  resig- 
nation. Notice  of  such  acceptance  was  given  her  by  letter  dated  April  4th,  Miss 
Nicholson  testified  that  on  receipt  of  the  notice  of  April  1st,  she  concluded  that 
her  position  in  Swedesboro  was  secure  and  she  ceased  all  attempts  to  obtain 
other  employment.  Such  conclusion  she  did  not  communicate  to  the  new  Board 
and  so  far  as  the  record  discloses,  in  no  way  did  she  protest  against  its  resolution 
of  April  3d.  Between  April  4th  and  the  close  of  the  school  year  neither  she  nor 
the  Board  referred  to  her  resignation.  Before  the  close  of  the  school  year 
the  District  Clerk  in  pursuance  of  his  usual  custom  requested  her  to  prepare  a 
list  of  supplies  for  the  ensuing  year.  On  August  2nd  the  District  Clerk 
wrote  her  that  the  school  would  open  on  September  5th.  On  August  15th, 
he  wrote  her  that  supplies  for  the  next  term  had  been  delivered  and 
he  requested  her  to  check  them.  She  did  so.  His  letters  of  August  5th 
and  15th,  and  her  checking,  were  not  authorized  by  the  Board  and  were  never 
approved.  On  August  31st,  in  pursuance  of  a  resolution  of  the  Board,  the  Dis- 
trict Clerk  wrote  her  calling  attention  to  its  acceptance  of  her  resignation,  the 
notice  to  that  effect  written  her  on  April  3d,  and  informing  her  that  she  was  no 
longer  in  the  employ  or  under  contract  with  the  Board.  On  September  18th,  in 
pursuance  of  a  resolution  of  the  Board,  the  District  Clerk  wrote  her  as  follows: 

"You  are  hereby  again  notified  that  you  are  not  under  contract  with,  nor 
in  the  employ  of  the  School  Board  of  the  District  of  the  Borough  of  Swedes- 
boro, your  resignation  having  been  duly  and  properly  accepted  by  the  said 
Board.  You  will,  therefore,  please  not  trespass  upon  the  said  school  property, 
and,  if  you  persist  in  so  doing,  it  will  be  necessary  for  the  Board  to  take  proper 
action   to   prevent  such   tresspass." 

"Done  by  order  of  the  School  Board  of  the  District  of  the  Borough  of 
Swedesboro." 

Such  are  the  facts  of  the  case.  Miss  Nicholson  claims  that  she  is  still  in 
the  employ  of  the  Board  and  bases  her  claim  briefly  on  the  following  proposi- 
tions : 

(1)  That  she  rendered  to  the  Board  a  list  of  text  books  and  supplies  for 
the  school  year  1911-1912. 

(2)  That  the  refusal  of  the  Board  on  March  31st  to  accept  her  resigna- 
tion was  final ;  that  the  new  Board  had  no  right  or  authority  to  accept  it,  and 
that  as  a  matter  of  law  there  was  no  resignation  before  it  on  which  to  act. 

As   for  the   first   proposition,   it   seems   clear   that   the    list    of   text    books   and 
supplies  was  furnished  during  June,  191 1,  that  is  prior  to  the  close  of  the  school 


SCHOOL  LAW  DECISIONS.  249 

year,    and    that    no    service   after   the    close   of    th?    year    was    rendered   by    Miss 
Nicholson  with  the  knowledge  or  approval  of  the  Board. 

The  second  proposition  was  very  carefully  considered  by  the  Commissioner. 
He  decided  that  a  resignation  can  be  acted  on  only  by  the  body  which  can  fill 
the  vacancy  which  results,  that  the  Wwedesboro  Board  of  Education  was  not  a 
continuous  body,  that  the  Board  of  Education  which  on  March  31st,  19 1 1,  refused 
to  accept  the  resignation,  ceased  to  exist  on  April  3d,  1911,  that  it  had  no  power 
to  fill  a  vacancy  to  occur  on  June  30th,  191 1,  that  its  attempt  to  act  on  a  resig- 
nation to  take  effect  on  that  day  was  null  and  void,  and  that  the  resignation  as 
it  had  not  been  withdrawn,  was  therefore  properly  before  the  Board  which  came- 
into  existence  on  April  3d,  and  that  as  it  accepted  the  resignation,  Miss  Nicholson 
is  not  now  in  its  employ. 

The  authorities  seem  to  support  such  conclusions,  and  we  might  well  rest 
a  recommendation  of  affirmance  on  the  opinion  of  the  Commissioner.  It  may 
be  said  that  such  a  decision  is  technical,  but  we  find  'that  to  support  the  claim 
of  Miss  Nicholson  legal  theories  as  abstruse,  if  not  more  so,  are  advanced. 

There  is  one  aspect  of  the  case  aside  from  legal  refinements  which  im- 
pressed us.  Miss  Nicholson  in  February,  191 1,  was  in  the  employ  of  the 
Board  serving  under  a  contract  for  a  term  of  one  year  from  July  1st,  1910,  to 
June  30th,  191 1.  The  Tenure  of  Service  Act  was  a  part  of  that  contract.  It 
in  effect,  gave  her  an  option  to  serve  the  Board  during  succeeding  years.  At 
the  end  of  her  yearly  contract,  she  could  leave  the  Board  or  stay  with  it  as 
she  chose.  If  she  chose  to  leave,  the  Board  could  not  interfere  with  her 
wishes.  In  February,  191 1,  she  wrote  in  effect  that  she  would  leave  on  June 
30th,  191 1.  Had  she  offered  to  leave  before  the  expiration  of  her  contract,  the 
Board,  by  a  rejection  of  her  offer,  might  have  held  her  liable  for  damages 
if  she  did  so.  When,  however,  she  said  she  would  leave  at  the  expira'tion  of 
her  contract,  the  Board  was  powerless  to  prevent  her.  By  no  act  could  it  com- 
pel her  to  stay.  She  could  leave  on  June  30th,  and  her  testimony  shows  that 
she  knew  she  could,  no  matter  what  the  Board  did.  On  February  8th,  191 1, 
she  tendered  her  resignation  to  take  effect  at  the  close  of  the  school  year. 
Knowing  as  she  did  that  the  Board  was  powerless  to  prevent  her  from  carry- 
ing out  her  intention,  it  was  only  fair  if  she  changed  her  mind  to  say  so. 
When,  on  April  4th,  the  new  Board,  the  Board  that  she  knew  would  be  re- 
quired to  re-employ  her  or  to  engage  her  successor  notified  her  that  her  resig- 
nation was  accepted,  it  seems  to  us  that  she  should  have  made  clear  her  posi- 
tion unless  she  was  still  determined  to  stop  at  the  close  of  the  year.  Possibly  she 
thought  that  the  action  of  the  old  Board  was  equivalent  to  an  actual  destruc- 
tion or  revocation  of  her  regisnation.  She  should  at  least  have  said  so.  In- 
stead, she  remained  silent.  Her  resignation  was  on  file  with  the  Secretary  of 
the  Board  at  the  close  of  the  school  year.  The  Board  had  nothing  before  it 
to  indicate  that  her  wishes  were  then  any  different  from  those  expressed  in  it. 
The  Board  did  not  re-employ  her,  and  in  view  of  her  resignation  unrevoked  by 
any  act  on  her  part,  it  was  not  obliged  to  do  so. 

February  3,   1912. 

The  Supreme  Court  affirmed  the  decision  54  Vr.  36. 


250  SCHOOL  LAW  DECISIONS. 

CONTRACTS  FOR  BUILDINGS  BY  BOARD  OF  EDUCATION  ACTING  UN- 
DER ARTICLE  VII  OF  THE  SCHOOL  LAW. 

Anderson  Price 

vs. 
Board  of  Education  of  the  Borough 
of  Rutherford. 

[Decision  of  the  Commissioner  of  Education.] 

Anderson  Price,  pro  se. 

Luther  Shafer,  for  the  Respondent. 

The  Petitioner  prays  that  the  Commissioner  of  Education  decide  as  to  the 
legality  of  the  action  of  the  Respondent  in  making  certain  changes  in  'thei 
specifications  for  the  erection  of  two  school  buildings  after  the  contract  had 
been  awarded  but  prior  to  its  execution. 

It  appears  that  in  May,  191 1,  the  Board  of  Education  advertised  for  pro- 
posals for  the  erection  of  two  school  buildings ;  that  when  the  proposals  were 
opened  it  was  found  that  all  exceeded  the  amount  of  the  appropriation ;  that 
action  on  the  bids  was  deferred  and  an  additional  appropriation  was  secured ; 
that  later  the  bid  of  Julius  Koch  Company  was  accepted,  said  company  being 
the  lowest  bidder,  and  a  contract  drawn,  dated  July  3rd,  191 1;  that  said  con- 
tract was  not  executed  on  that  date,  the  Julius  Koch  Company  refusing  to  sign 
it  for  the  reason  that  owing  to  the  delay  the  cost  to  him  would  be  greater 
by  reason  of  the  increased  cost  of  material ;  that  after  the  contract  was  drawn, 
but  before  it  was  executed,  certain  changes  were  made  in  the  specifications, 
making  a  reduction  in  the  cost  of  the  building  of  about  $2,500  and  that  the 
Koch  Company  signed  said  contract  about  August  14th. 

The  School  District  of  the  Borough  of  Rutherford  is  incorporated  under 
Section  84  of  "An  Act  to  establish  a  thorough  and  efficient  system  of  free 
public  schools,  and  to  provide  for  the  maintenance,  support  and  management 
thereof,"  approved  October  19,  1903,  and  is  governed  by  the  provisions  of 
Article  VII  of  said  act.  There  is  nothing  in  Article  VII  prescribing  the 
method  of  awarding  contracts,  and  the  action  of  a  board  of  education  in  this 
respect  is  governed  by  such  sections  in  the  "Act  for  the  punishment  of  crimes" 
and  in  other  acts  of  the  Legislature  as  relate  to  the  awarding  of  contracts  by 
municipal  boards. 

Section  10  of  the  act  relating  to  public  schools  above  referred  'to  provides 
that  the  Commissioner  of  Education  "shall  decide,  subject  to  appeal  to  the 
State  Board  of  Education  and  without  cost  to  the  parties,  all  controversies  and 
disputes  that  shall  arise  under  the  school  laws." 

The  action  of  the  Board  of  Education  of  Rutherford  in  amending  the  speci- 
fications for  the  erection  of  the  school  buildings  after  the  contract  had  been 
awarded,  is  not  a  "controversy  or  dispute  arising  under  the  school  laws." 

The  appeal  is  dismissed. 

December  15,  1911. 


SCHOOL  LAW  DECISIONS.  251 

CONTROVERSY  ARISING  UNDER  THE  SCHOOL  LAW,  SECTION   10. 

Arthur  W.  Clayton, 

vs. 
The  Board  of  Education  of  the  City 
of  Hoboken. 

Edward  I.  Taylor,  for  the  Appellant. 
Merritt  Lane,  for  the  Respondent. 

[Decision  of  the  Commissioner  of  Education.] 

The  Appellant  is  the  Business  Manager  of  the  school  district  of  'the  City 
of  Hoboken. 

Charges  of  "conduct  unbecoming  an  employe  and  gross  neglect  and  laxity  in 
the  performance  of  his  duties  as  Business  Manager"  were  preferred  against 
him,  and  after  a  hearing  before  the  Respondent  he  was  adjudged  guilty.  The 
resolution  adopted  by  the  Board  of  Education  finding  the  Appellant  guilty 
contains  the  following:  "That  sentence  be  suspended  pending  an  investiga- 
tion by  the  Prosecutor  of  the  Pleas  of  the  County  of  Hudson,  and  action  thereon 
by  the  Grand  Jury  of  the  County  of  Hudson." 

The  Grand  Jury  has  taken  no  action  in  the  matter,  and  the  Appellant  is 
still  in  the  employ  of  the  Respondent  and  is  performing  his  duties  as  Business 
Manager.  The  Respondent  has  not  taken  any  action  looking  to  the  punish- 
ment  of  the  Appellant. 

Section  10  of  the  School  Law  gives  to  the  Commissioner  of  Education 
power  "to  decide  all  controversies  and  disputes  that  shall  arise  under  the 
school  laws." 

The  action  of  the  Board  of  Education  of  Hoboken  in  this  case  is  not  com- 
plete, and  the  Appellant  has  not  been  deprived  of  any  of  his  rights  or  privi- 
leges as  Business  Manager.  There  is  not,  therefore,  any  controversy  or  dis- 
pute within  the  meaning  of  Section  10  of  the  School  Law. 

The  appeal  is  dismissed. 

December  21,  1911. 

DISCHARGE   OF   SUPERVISING   PRINCIPAL.     TEACHERS'   CONTRACTS. 

Grover  F.  Kipsey, 

vs. 
Board  of  Education  of  Warren  Town- 
ship. 

Alvah  A.  Clark,  for  the  Appellant. 
John  F.  Reger,  for  the  Respondent. 

[Decision  of  the  Commissioner  of  Education.] 

The  minutes  of  the  Board  of  Education  of  Warren  Township  for  April  3rd, 
191 1,  contain  the  following: 


252  SCHOOL  LAW  DECISIONS. 

"Motion  made  by  Mr.  Shoemaker  that  Grover  F.  Kipsey  be  engaged  as 
Supervising  Principal,  if  qualified,  for  the  balance  of  the  year,  with  the  under- 
standing that  if  his  services  were  satisfactory  to  the  Board  he  be  engaged  to 
serve  as  Principal  beginning  in  September  in  the  immediate  year.     Carried." 

At  a  meeting  of  the  Board  held  June  3rd,  191 1,  certain  teachers  were  ap- 
pointed for  the  then  ensuing  year,  and  action  on  the  continuance  of  the  Super- 
vising Principal  was  deferred. 

At  a  meeting  of  the  Board  held  June  24th,  after  a  motion  had  been  made 
to  continue  Kipsey  as  Supervising  Principal,  and  before  action  thereon,  the 
President,  Edmund  E.  Sage,  presented  his  resignation  as  a  member  of  'the 
Board.  The  resignation  was  at  once  accepted,  and  after  the  election  of  a 
President,  Minard  G.  Smith  was  elected  a  member  of  the  Board,  and  at  once 
took  his  seat.  Immediately  thereafter,  Sage  was  elected  as  Supervising  Prin- 
cipal for  the  then  ensuing  school  year. 

Kipsey  claims  that  his  appointment  on  April  3rd  was  not  only  for  the  re- 
mainder of  the  then  current  school  year,  but  also  for  the  year  beginning  July 
1st,  191 1,  and  he  appeals  from  the  action  of  the  Board  and  prays  that  he  be 
restored  to  the  position  of  Supervising  Principal. 

The  Board  of  Education  denies  that  it  elected  Kipsey  for  more  than  three 
months,  but  insists  that  his  employment  for  the  ensuing  year  was  conditioned 
upon  his  services  being  satisfactory;  that  his  services  were  unsatisfactory;  that 
Kipsey  was  not  qualified  for  the  position  by  reason  of  the  fact  that  he  did 
not  hold  a  proper  certificate,  and  that  the  contract  was  invalid  for  the  reason 
that  it  was  not  in  writing. 

A  supplement  'to  the  School  Law,  P.  L.  1909,  p.  259,  provides,  among  other 
things,  that  "no  person  shall  be  appointed  Supervising  Principal  unless  he  or 
she  shall  hold  either  a  State  or  first  grade  county  certificate." 

At  the  time  Kipsey  was  appointed  he  held  a  second  grade  county  certifi- 
cate and  he  also  had  a  letter  from  the  County  Superintendent  of  Schools  dated 
March  31,  191 1,  stating  that  Kipsey  had  passed  an  examination  in  all  but  one 
of  the  subjects  required  for  a  first  grade  county  certificate,  and  that  "should 
you  be  elected  Supervising  Principal  I  should,  therefore,  give  you  a  provisional 
first  grade  certificate  good  until  June  1,  the  understanding  being  that  you 
would  pass  the  one  subject  still  to  be  taken  at  the  May  examination  for  teachers." 
There  is  no  record  of  the  issuing  of  the  provisional  certificate,  and  the  County 
Superintendent  was  unable  to  fix  the  date  on  which  it  was  issued,  but  he  says 
in  his  testimony :  "On  further  reflection  I  feel  perfectly  satisfied  that  I  did 
give  a  permit  to  Mr.  Kipsey,  although  I  cannot  recall  the  actual  fact  of  hand- 
ing it  to  him  or  mailing  it.  I  am  morally  certain,  entirely  to  my  own  satis- 
faction, that  I  did  give  such  a  permit,  particularly  in  the  light  of  the  letter 
which  was  presented  here  this  morning  in  which  I  said  I  would  do  so.  A  per- 
mit is  not  usually  given  until  a  position  is  established.  We  would  not  give  a 
permit  in  advance  because  we  would  not  know  where  the  party  would  be.  I 
simply  had  to  wait  until  some  one  was  elected  to  fill  the  position,  and  I  issued 
the  permit  to  the  best  of  my  recollection." 

A  provisional  first  grade  county  certificate  has  the  same  value  as  a  license 
to  teach  as  a  certificate  of  the  same  grade  issued  after  the  required  examination 
is  completed. 

The  evidence  regarding  the  certificate  is  not  entirely  satisfactory,  but  in 
view  of  the  testimony  of  the  County  Superintendent  and  of  the  fact  that  Kipsey 
was  paid  his  salary  each  month,  the  right  of  the  Appellant  to  the  office  of  Super- 


SCHOOL  LAW  DECISIONS.  253 

■vising  Principal  cannot  be  attacked  successfully  on  the  ground  that  he  did  not 
hold  a  proper  certificate. 

The  Respondent  in  its  brief  says  "the  contract  was  not  in  writing."  There 
is  nothing  in  the  evidence  covering  this  point,  and  in  the  absence  of  proof  to 
the  contrary  it  must  be  assumed  that  the  appellant  was  legally  employed. 

A  Board  of  Education  is  presumed  to  know  the  law  relating  to  contracts 
and  the  payment  of  salaries,  and  the  Respondent  having  permitted  Kipsey  to 
serve  as  Supervising  Principal,  and  having  paid  him  his  salary,  it  cannot  at  this 
late  date  plead  that  there  was  no  contract  with  Kipsey. 

Full  force  and  effect  mus't  be  given  to  all  parts  of  a  contract,  and  the  lan- 
guage, must,   if  possible,  be  given  its  ordinary  interpretation. 

If,  as  the  Respondent  insists,  the  contract  was  only  for  the  months  of 
April,  May  and  June,  the  latter  part  of  the  resolution  was  unnecessary.  Had 
the  resolution  simply  read  "That  Grover  F.  Kipsey  be  engaged  as  Supervising 
Principal,  if  qualified,  for  the  balance  of  the  year,"  the  Board  of  Education 
and  Kipsey  could  have,  at  a  later  date,  entered  into  a  contract  for  the  school 
year  1911-12.  If  the  contention  of  the  Respondent  is  correct,  the  remainder 
of  the  resolution  which  reads  "with  the  understanding  'that  if  his  services  were 
satisfactory  to  the  Board,  he  be  engaged  to  serve  as  Principal  beginning  in  Sep- 
tember in  the  immediate  year,"  is  unnecessary  and  meaningless. 

On  the  other  hand  construing  the  resolution  as  a  contract  for  the  ensuing 
year,  if  Kipsey's  services  proved  satisfactory,  gives  a  meaning  to  all  parts  of 
the  resolution,  and  it  is  the  natural  and  correct  construction. 

The  determination  as  to  whether  or  not  the  services  rendered  by  Kipsey 
from  the  dat<*  of  his  employment  until  the  date  on  which  his  successor  was  ap- 
pointed, were  satisfactory,  rested  entirely  in  the  discretion  of  the  Respondent 
and  the  Board  had  the  undoubted  right  to  discharge  him  at  the  end  of  June,  if, 
in   its  judgment,  his  services   were  unsatisfactory. 

The  value  of  his  services  was  to  be  determined  by  the  Board,  and  even  if 
it  could  be  proven  that  his  services  were  of  the  highest  otder  it  would  be  of  no 
avail  if  the  Board  discharged  him  in  good  faith,  for  the  reason  that  his  services 
were  not  satisfactory  to  it. 

The  only  cause  for  which  Kipsey  could  have  been  removed  was  that  his 
services  were  unsatisfactory  to  the  Board  of  Education,  and  the  point  remain- 
ing for  consideration  is,  was  the  appointment  of  Sage  and  the  consequent  re- 
moval of  Kipsey  made  in  good  faith,  and  because  Kipsey's  services  were  un- 
satisfactory? 

A  careful  reading  of  the  evidence  given  by  the  members  of  the  Board 
who  voted  for  the  appointment  of  Sage  leads  inevitably  to  the  conclusion  that 
the  character  of  the  services  rendered  by  Kipsey  had  no  influence  whatsoever 
on  'the  action  of  the  Board. 

Certain  members  of  the  Board  testified  that  they  had  heard  rumors  about 
Kipsey,  but  they  were  never  brought  to  the  attention  of  the  Board,  and  no 
attempt  was  made  to  ascertain  whether  they  were  true  or  false. 

At  the  meeting  of  June  24th  when  the  County  Superintendent  asked  if  there 
was  any  dissatisfaction  with  Kipsey  there  was  no  response. 

All  the  circumstances  connected  with  the  candidacy  of  Sage,  his  resigna- 
tion as  a  member  of  the  Board,  the  election  of  his  successor,  and  his  appoint- 
ment as  Supervising  Principal,  show  conclusively  that  the  removal  of  Kipsey 
was  not  done  in  good  faith  and  because  his  services  were  unsatisfactory  to 
the    Board    of    Education.      In    fact,    the    Board    never    considered    the    question, 


254  SCHOOL  LAW  DECISIONS. 

but  the  members  have  endeavored  to  justify  their  action  on  their  individual  judg- 
ment founded  on  rumors  which  they  never  investigated. 

The  Appellant  was  not  legally  removed  and  must  be  restored  to  his  posi- 
tion of  Supervising  Principal. 

December  29,  191 1. 

BOARDS  OF  EDUCATION  IN  CITIES.  CHAPTER  233,  P.  L.  191 1. 

Appeal  of  John  H.  Sheridan,  George 
Barso,  Frederick  Wendelken  and 
Wilson  Taylor  from  appointments 
made  by  the  mayor  of  the  clty  of 

HODOKEN. 

Merritt  Lane,  for  the  Appellant. 
John  J.  Fallon,  for  the  Respondent. 

[Decision  of  the  Commissioner  of  Education.] 

The  petitioners  are  members  of  the  Board  of  Education  of  the  City  of 
Hoboken,  appointed  for  terms  which  will  not  expire  until  'the  first  day  of  Janu- 
ary, 1913. 

The  Mayor  of  Hoboken  has  appointed  nine  persons  to  take  office  as  mem- 
bers of  the  Board  of  Education  of  the  City  of  Hoboken  u^on  the  first  day  of 
February,  19 12,  claiming  as  his  authority  for  such  action  Chapter  233  of  the 
laws  of  191 1. 

The  petitioners  request  that  the  appointments  of  th»  Mayor  be  set  aside 
for  the  reasons : 

First,  that  Chapter  233  of  the  laws  of  191 1  is  unconstitutional,  and, 
Second,   because   the   Board   of   Education   of  the   City   of    Hoboken   is   com- 
posed of  less  than  nine  members. 

The  law  gives  to  the  Commissioner  of  Education  power  "to  decide  all  con- 
troversies and  disputes  which  arise  under  the  school  laws  of  the  State.  The 
constitutionality  of  an  act  is  not  a  controversy  arising  under  the  school  laws 
and  the  Commissioner  is  without  authority  to  pass  on  this  question. 

The  members  of  the  Board  of  Education  of  the  City  of  Hoboken  have 
heretofore  been  appointed  in  accordance  with  the  provisions  of  Chapter  49.  P* 
L.  1902.  The  act  says  that  "There  shall  be  established  in  every  city  in  the 
second  class  in  this  State  whose  population  now  exceeds  or  may  hereafter  ex- 
ceed fifty  thousand,  a  board  of  education  which  shall  be  composed  of  and 
managed  and  controlled  by  eight  commissioners  to  be  known  as  Commissioners 
of  Public  Instruction  *  *  *  and  the  mayor  of  such  cities  shall  be  a  mem- 
ber ex-otlicio  of  said  board  and  shall  be  entitled  to  vote  therein  in  case  of 
a  tie." 

Chapter  233,  P.  L.  191 1,  says  that  "In  each  city,  other  than  those  cities 
where  boards  of  education  now  consist  of  less  than  nine  members  each,  the 
mayor  or  other  chief  executive  officer  of  said  city  shall,  during  the  month  of 
January   next,   after    the   passage   of   this  act,   appoint   nine    persons   to   be   men- 


SCHOOL  LAW  DECISIONS.  255 

bers  of  the  board  of  education  of  such  school  district.  *  *  *  The  term  of 
office  of  a  member  of  the  board  of  education,  except  a  member  appointed  to  fill 
an  unexpired  term,  shall  begin  on  the  first  day  of  February  next  succeeding  his 
appointment." 

Section  2  of  the  last  mentioned  act  provides  that  "The  terms  of  office  of 
all  members  of  boards  of  education  in  school  districts  which  are  effected  by 
this  act.  *  *  *  shall  expire  on  the  thirty-first  day  of  January  next  after 
the  passage  of 'this  act." 

If  the  Board  of  Education  of  the  City  of  Hoboken  is  composed  of  nine 
members  it  is.  of  course,  subject  to  the  provisions  of  Chapter  233  above  re- 
ferred to,  and  the  terms  of  office  of  the  members  of  the  Board  of  Education 
appointed  in  January,  191 1,  for  the  term  of  -two  years  will  expire  January 
thirty-first,  1912.  If,  however,  the  Board  of  Education  of  the  City  of  Hoboken 
is  not  composed  of  nine  members  it  is  not  affected  by  the  act  and  the  members 
will  serve  for  the  terms  for  which  they  were  originally  appointed. 

The  powers  of  the  mayor  under  Chapter  49  of  the  laws  of  1892  are  limited 
to  voting  to  break  a  tie  vote  in  the  Board  of  Education.  This  does  not  make 
him  a  member  of  the  Board  of  Education  within  the  meaning  of  Chapter  233 
of  'the  laws  of  191 1.  The  Board  of  Education  of  the  City  of  Hoboken  is  not 
affected  by  the  provisions  of  Chapter  233,  P.  L.  191 1,  and  the  members  of  said 
Board  are  to  be  appointed  in  the  same  manner  as  heretofore. 

January  24,   1912. 

Chapter  233,  P.  L.  191 1,  was  declared  unconstitutional  by  the  Supreme  Court 
at  the  June  term,  1912. 

DISCHARGE  OF  JANITOR.    CHAPTER  44,  P.  L.  19". 

A.   R.  VlCKERS 

vs. 
Board  of  Education  of  Northfield. 
Borough. 

A.  R.  Vickers,  pro  se. 

D.  Ryon  Price,  district  clerk,  for  'the  Respondent. 

[Decision  of  the  Commissioner  of  Education.] 

Chapter  44,  P.  L.  191 1,  provides  that  a  public  school  janitor  shall  not  be 
discharged,  dismissed  or  suspended,  nor  shall  his  pay  or  compensation  be  de- 
creased, except  upon  sworn  complaint  for  cause,  and  upon  a  hearing  had  be- 
fore such  board.     This  act  went  into  effect  on  March  20th  last. 

It  appears  from  the  papers  before  me  that  Vickers  was  elected  janitor  of 
the  school  in  Northfield  about  fifteen  years  ago,  and  that  his  last  appointment 
was  under  date  of  September  27th,  1910.  It  also  appears  that  there  was  no 
written  contract  entered  into  and  that  the  resolution  appointing  him  did  not 
specifically  state  the  term  for  which  he  was  appointed.  It  also  appears  that 
the  board  attempted  to  elect  another  person  in  his  place  as  janitor  at  a  meet- 
ing of  the  board  held  in  September  last.  This  action  was  taken  after  the  act 
above  referred  to  became  a  law.  It  further  appears  that  no  charges  had  been 
made  against  him  nor  any  hearing  held  as  required  by  the  statute,  and  that  he 
was  not  formally  dismissed  by  the  board  from  its  services  as  janitor. 


256  SCHOOL  LAW  DECISIONS. 

He  is  clearly  protected  by  the  act  above  referred  to  and  is  still  janitor  of 
the  school.  The  action  taken  in  attempting  to  appoint  his  successor  is  null 
and  void. 

February  i,  19 12. 

REMOVAL  OF  DISTRICT  CLERK.     CHAPTER  1,  SPECIAL  SESSION. 

1903. 

Clare  M.   Henry, 

Appellant, 
vs. 
Board  of  Education  of  Bernards 
Township 

Respondent. 

[Decision  of  the  Commissioner  of  Education.] 

The  Appellant  was  appointed  District  Clerk  by  the  Respondent  in  June,  191 1, 
for  a  term  which  would  expire  June  30,  191 2.  At  a  meeting  held  April  1,  191 2, 
the  Respondent  declared  the  office  of  District  Clerk  vacant  and  thereupon  ap- 
pointed John  J.  Foley  to  that  office. 

Section  91  of  the  School  Law  provides  that  a  board  of  education  may  re- 
move a  district  clerk  by  a  vote  of  a  majority  of  all  the   members  of  said  board. 

I  am  of  the  opinion  that  a  board  of  education  may  remove  a  district  clerk 
at  any  time,  even  though   he  was  appointed  for  a  definite  term. 

The  appeal   is  dismissed. 

May   3,   1912. 

TEACHERS'  TENURE  OF  SERVICE  ACT.     CHAPTER  243,  P.  L.  1909. 

Hower  T.  Marsteller, 

Appellant, 
vs. 
Board  of  Education  of  Pleasantville, 
N.  J., 

Respondent. 

[Decision  of  the  Commissioner  of  Education.] 

McCarter  and  English,  for  the  Appellant. 
Charles  C.  Babcock,  for  the  Respondent. 

The  Appellant  was  first  employed  by  the  Respondent  in  1902.  On  May  12th. 
1908,  a  contract  was  entered  into,  by  the  parties  to  this  action,  by  the  terms 
of  which  the  Apellant  was  to  serve  as  th  e  Supervising  Principal  of  the  Schools 
in  Pleasantville  for  the  term  of  three  years,  beginning  September   1st,   1908. 

Section  87  of  the  School  Law  (Special  Session  1903)  gave  to  a  board  of 
education  power  to  "appoint  a  suitable  person  as  supervising  principal  of  schools, 
define  his  duties  and  fix  his  salary."  It  was  under  the  provisions  of  .this  section 
that  the  contract    of    May    12,    1908,   was   entered   into.      In    1909   the    legislature 


SCHOOL  LAW  DECISIONS.  257 

passod  ah  act  (P.  L.  1909,  Chapter  170)  amending  section  87  by  providing  that  no 
supervising  principal  should  thereafter  be  appointed  "until  the  necessity  for  the 
appointment  of  a  supervising  principal  should  have  been  aulhorizsd  in  writing  by 
the  County  Superintendent  of  Schools  and  approved  by  the  Stale  Superintendent 
of  Public  Instruction  and  the  State  Board  of  Education."  The  amendment  also 
provided  that  "the  terms  of  all  Supervising  Principals  now  in  office  shall  end  on 
the  thirtieth  day  of  June  next  after  the  passage  of  this  act,  and  none  shall  hereaf- 
ter be  appointed  except  in  the  manner  provided  by  this  act."  This  act  went  into  ef- 
fect April  19,  1909.  At  the  same  session  the  Legislature  passed  an  act  known  as 
the  "Teachers'  Tenure  of  Service  Act"  (P.  L.  1909,  Chapter  243).  This  act 
provides  that  "the  service  of  all  teachers,  principals,  supervising  principals  of  the 
public  schools  in  any  district  of  this  State  shall  be,  during  good  behavior  and 
efficiency,  after  the  expiration  of  three  consecutive  years  in  that  district,  unless 
a  shorter  period  is  fixed  by  the  employing  board ;  provided,  that  the  time  any 
teacher,  principal,  supervising  principal  has  taught  in  the  district  in  which  he 
or  she  is  employed  at  the  time  this  act  shall  go  into  effect,  shall  be  counted 
in    determining   such    period    of    employment." 

At  a  meeting  of  the  Board  of  Education  of  the  Borough  of  Pleasantville, 
held  May  9,  191 1,  the  following  resolution  was  adopted:  "Resolved,  by  the 
Board  of  Education  of  the  Borough  of  Pleasantville  that  the  services  of  the  said 
Hower  T.  Marsteller  as  Supervising  Principal  of  the  said  Borough  of  Pleasant- 
ville be,  and  are  hereby  terminated  at  twelve  o'clock  midnight,  May  11,  191 1, 
and  the  District  Clerk  is  hereby  directed  to  so  advise  said  Hower  T.  Marsteller." 

Marsteller  applied  to  the  Court  for  a  writ  of  certiorari,  and  while  the  matter 
was  still  before  the  Court  filed  an  appeal  with  the  State  Superintendent.  The 
State  Superintendent  declined  to  consider  the  appeal  while  the  matter  was  before 
the  Court. 

On  September  15,  191 1,  the  Court  refused  the  writ,  on  the  ground  that  the 
•matter  should  first  be  decided  by  the  Commissioner  of  Education  and  the  State 
Board  of  Education.  The  full  amount  of  salary  due  Marsteller  under  his  con- 
tract, which  expired  September,  1911.  has  been  paid  him,  and  it  is  not  necessary, 
therefore,  to  pass  upon  the  complaint  filed  by  Marsteller  appealing  from  the 
action  of  the  Respondent  in  this  case  in  attempting  to  discharge  him  o  xviay 
11,    1911. 

Marsteller  has,  however,  filed  a  supplementary  appeal  in  which  he  claims 
that  he  is  protected  by  the  provisions  of  chapter  243,  P.  L.  1909,  and  that  no 
charges  have  been  made  against  him,  as  required  by  said  chapter,  and  that  he 
continued  to  perform  the  duties  of  Supervising  Principal  without  molestation  or 
interference  until  September  22,  191 1.  The  Appellant  insists  that  having  been 
continuously  in  the  employ  of  the  Respondent  since  1902.  he  is  protected  by  the 
Teachers'  Tenure  of  Service  law,  that  he  is  still  in  the  employ  of  the  Respondert, 
and  that  the  resolution  adopted  by  the  Respondent  on  September  22,  ion,  notify- 
ing the  teachers  employed  in  the  School  District  of  the  Borough  of  Pleasantville 
that  Marsteller  had  been  dismissed  was  null   and  void. 

The  Constitution  prohibits  the  Legislature  from  passing  any  act  impairing 
the  obligation  of  a  contract  in  force  at  the  time  of  the  passage  of  the  act. 

The  provision  contained  in  Chapter  170,  P.  L.  1909,  that  the  terms  of  all 
supervising  principals  in  office  at  the  time  said  chapter  became  a  law  should 
te<-minnte  on  June  30,  1909,  must,  therefore,  be  construed  as  not  applying  to 
Marsteller  for  the  reason  that  he  was  holding  his  position  under  a  contract  enter- 
ed into  prior  to  the  date  on  which  said  chapter  went  into  effect,  said  contract 
being  for  a  definite  term,  which  did  not  expire  until  September   1st,   191 1. 


25S  SCHOOL  LAW  DECISIONS. 

If  the  contract  was  terminated  by  the  amendment  to  section  87,  above  re- 
ferred to,  the  position  of  supervising  principal  in  Pleasantville  has  not  been  in 
existence  since  June  30th,  1909,  for  the  position  has  not  been  created  as  re- 
quired by  said  amendment. 

There  are  two  questions,  now,  before  me  for  determination  : 

First.  Was  the  contract  between  Marsteller  and  the  Board  of  Education  of 
Pleasantville  terminated  by  the  provisions  of  Chapter   170,   P.  L.   1909? 

Second.  If  said  contract  was  not  terminated  is  Marsteller  protected  by  the 
Tenure  of  Service  Act? 

The  first  question  has  already  been  decided.  In  June,  1909,  Marsteller  ap- 
plied to  the  State  Superintendent  for  a  decision  as  to  what  affect,  if  any,  Chapter 
170,  P.  L.  1909,  had  on  his  contract,  and  the  State  Superintendent  then  decided 
that  his  contract  was  not  affected,  and  that  he  was  entitled  to  hold  the  posi- 
tion of  Supervising  Principal  in  the  School  District  of  the  Borough  of  Pleasant- 
ville for  the  full  term  of  his  contract.     No  appeal  was  taken  from  this  decision. 

The  second  question  divides  itself  into  two  parts : 

(a)  Did  Marsteller  come  within  the  provisions  of  the  Tenure  of  Service 
Act  immediately  upon  its  going  into  effect,  and,  (b),  if  not,  has  Marsteller  since 
the  termination  of  said  contract  rendered  such  service  as  entitles  him  to  the 
protection  of  said  act. 

The  contract  between  Marsteller  and  the  Board  of  Education  was  entered 
into  prior  to  the  passage  of  the  Tenure  of  Service  Act,  and,  as  has  been  shown 
above,  the  Legislature  was  powerless  to  pass  any  act  which  would  change  the 
conditions  of  the  contract.  When  the  period  for  which  the  contract  was  made 
had  ended,  Marsteller  ceased  to  be  in  the  employ  of  the  Board  of  Education 
of  the  Borough  of  Pleasantville,  and  if  he  now  is  in  its  employ  it  is  by  means  of 
some  service  rendered  by  him  since  the  termination  of  his  contract. 

Marsteller  testified  that  the  schools  opened  September  20,  191 1,  and  that  he 
entered  upon  the  discharge  of  his  duties  on  that  date,  and  continued  without  in- 
terruption until  September  22,  191 1,  but  there  is  no  evidence  that  he  had  been  re- 
engaged or  that  the  Board  of  Education  had  taken  any  action  subsequent  to 
the  termination  of  his  contract,  other  than  the  resolution  adopted  September 
22,  191 1,  notifying  the  teachers  that  Marsteller  was  no  longer  in  the  employ  of 
the   Board. 

His  testimony  on  this  point  is  as  follows : 

Q.     Who,  if  anybody,  directed  you  to  go  to  the  school  on  September  20th? 

A.     No    one. 

Q.  Previous  to  September  20th  had  anybody  connected  with  the  School 
Board  directed   you  not  to  go   there  on   the  20th  ? 

A.     No  one. 

The  Board  of  Education  not  having  taken  any  action  for  the  re-employment 
of  Marsteller,  subsequent  to  the  termination  of  the  contract,  any  service  rendered 
by  him  was  without  the  sanction  of  the  Board  of  Education,  and  could  not 
reinstate  him.  In  attempting  to  render  service  he  was  an  interloper  and  not 
an  employee   of  the   Board   of  Education. 

The   appeal   is   dismissed. 

May  9,    1912. 


SCHOOL  LAW  DECISIONS.  259 

[Decision  of  the  State  Board  of  Education.] 

In  September,  1902,  Mr.  Marsteller,  the  Appellant,  entered  the  employ  of  the 
Respondent  as  principal  of  its  schools.  On  the  1st  of  March,  1903,  he  was  made 
supervising  principal.  On  May  12,  1908,  a  written  contract  was  entered  into 
wherein  and  whereby  the  Board  of  Education  of  Pleasantville  engaged  him  as 
supervising  principal  for  a  term  of  three  years  from  September  1st,  1908.  On 
May  9,  191 1,  the  Board  adopted  resolutions  to  terminate  his  services  and  when,  in 
the  following  September,  he  reported  for  duty,  teachers  were  instructed  to  ignore 
him.  Mr.  Marsteller  claims  that  his  discharge  was  contrary  to  the  Tenure  of 
Service  Act,  and,  therefore,  unlawful. 

In  that  Act  it  is  provided : 

"The  service  of  all  teachers,  principals,  supervising  principals  of  the  public 
schools  in  any  school  district  of  this  State  shall  be  during  good  behavior  and 
efficiency,  after  the  expiration  of  a  period  of  employment  of  three  consecutive 
years  in  that  district,  unless  a  shorter  period  is  fixed  by  the  employing  board, 
provided  that  the  time  any  teacher,  principal,  supervising  principal  has  taught 
in  the  district  in  which  he  or  she  is  employed  at  the  time  this  act  shall  go  into 
effect,   shall  be  counted   in   determining  such  period   of  employment." 

When  the  Board  resolved  to  dismiss  him,  Mr.  Marsteller  had  been  in  con- 
tinuous service  for  eight  years,  five  years  longer  than  the  period  prescribed  by 
the  statute,  and  unless  the  statute  does  not  apply  in  his  case,  he  was  entitled 
to   continue  during  good   behavior. 

It  is  urged  that  as  his  contract  which  expired  on  September  1,  191 1,  was 
made  prior  to  the  Tenure  of  Service  Act,  the  Legislature  was  powerless  to 
pass  a  law  which  would  change  its  conditions,  and  that  its  conditions  were 
changed  if  at  its  expiration  his  services  did  not  ipso  facto  come  to  an  end. 

The  Commissioner  in  deciding  against  Mr.  Marsteller  wrote : 

"The  contract  between  Marsteller  and  the  Board  of  Education  was  entered 
into  prior  to  the  passage  of  the  'Tenure  of  Service  Act,'  and,  as  has  been  shown 
above,  the  Legislature  was  powerless  to  pass  any  act  which  would  change  the 
conditions  of  the  contract.  When  the  period  for  which  the  contract  was  made 
had  ended,  Marsteller  ceased  to  be  in  the  employ  of  the  Board  of  Education  of 
the  Borough  of  Pleasantville,  and  if  he  now  is  in  the  employ  it  is  by  means  of 
some  service  rendered  by  him  since  the  termination  of  his  contract." 

It  may  be  true  that  the  learned  Commissioner  is  correct.  In  the  absence 
aowever  of  a  judicial  decision  or  of  an  opinion  by  the  Attorney  General,  we 
believe  that  we  should  assume  not  only  that  the  statute  construed  to  embrace 
and  protect  Mr.  Marsteller  is  constitutional,  but  that  the  Legislature  is  well  with- 
in its  powers  when,  in  the  enactment  of  a  Civil  Service  or  Tenure  of  Service 
law,  it  defines  the  status  of  public  employees  and  prescribes  that  those  in  service 
for  a  stipulated  term  on  or  after  a  certain  day  shall,  thereafter,  serve  during 
good  behavior. 

The  Tenure  of  Service  Act  was  not  hastily  passed.  It  was  the  subject  of 
considerable  discussion  and  became  a  law  in  the  face  of  vigorous  opposition.  It 
was  discussed  from  every  aspect,  and  we  cannot  assume  that  the  Legislature  did 
not  realize  that  because  of  outstanding  contracts  all  principals  and  teachers  could 


260  SCHOOL  LAW  DECISIONS. 

not  be  dismissed  before  the  time  provided  for  the  Act  to  take  effect.  To  destroy, 
as  far  as  possible,  the  spoils  system  in  our  schools,  it  enacted  that  on  and  after 
September  i,  1909,  principals  and  teachers  who  had  served  for  three  consecutive 
years  could  thereafter  be  removed  only  for  cause.  The  Board  of  Education  of 
Pleasantville  could,  therefore,  if  there  was  any  just  cause,  have  removed  Mr. 
Marsteller  after  a  hearing  and  notice.  It  made  no  attempt  to  comply  with  the 
statute,  and  we  therefore  believe  that  his  discharge  was   contrary   to  the   law. 

Our  attention  has  also  been  called  to  Chapter  170  of  the  Laws  of  1909, 
wherein  it  is  provided  that  "the  terms  of  all  supervising  principals  shall  end 
on  June  30  next  after  the  passage  of  this  Act,  and  none  shall  hereafter  be  ap- 
pointed except  in  the  manner  provided  by  this  act."  Whether  that  statute  applied 
to  Mr.  Marsteller  or  not,  he  actually  performed  the  duties  of  supervising  principal 
for  two  years  after  June  30,  1909,  and  the  State,  county  and  local  authorities 
all  assumed  that  he  was  lawfully  a  supervising  principal.  After  the  expiration  of 
his  contract  he  continued  to  be  a  supervising  principal  not  by  reason  of  any 
appointment  under  Chapter  170  of  the  Laws  of  1909,  but  by  reason  of  the  fiat 
of  the  Legislature  as  expressed  in  Chapter  243  of  the  Laws  of  the  same  year  and 
commonly  known  as  the  Tenure  of  Service  Act. 

December  7,   1912. 

Concurring  opinion  of  Dr.  John  C.   Van  Dyke. 

1.  It  is  not  denied  that  Mr.  Marsteller  was  in  continuous  service  under  the 
Respondent  for  eight  years — five  years  longer  than  the  term  prescribed  by  the 
Tenure  of  Service  Act  and  some  six  years  prior  to  the  passage  of  that  act. 

2.  It  is  not  in  evidence  that  any  attempt  was  made  by  the  Respondent  to 
oust  Mr.  Marsteller  because  of  ineffciency  or  unbecoming  behavior — at  least  no 
charge  was  preferred  against  him. 

3.  It  seems  the  Board  of  Education  of  Pleasantville  awaited  the  expira- 
tion of  its  contract  with  Mr.  Marsteller  and  then  refused  to  renew  it  for  reasons 
which  do  not  appear  prominently  in  the  case. 

4.  Mr.  Marsteller  claims  the  benefit  of  the  Tenure  of  Service  Act  and  the 
Board  of  Education  of  Pleasantville  denies  his  right  to  the  benefit  of  that  Act 
because  its  contract  with  Mr.  Marsteller  was  made  prior  to  the  passage  of  the 
Act  and  the  Legislature  could  not  constitutionally  pass  an  act  forbidding  the 
termination  of  the  contract.  Assuming  for  the  moment  the  Respondent's  posi- 
tion to  be  correct,  Mr.  Marsteller  was  out  of  the  School  Board's  employ  the 
day  his  contract  expired  and  hence  could  not  take  advantage  of  the  Tenure  of 
Service  Act  because  not  actually  in  service. 

5.  The  question  is,  therefore,  Toes  the  Tenure  of  Service  Act  passed  by 
the  Legislature  in   1909   apply  to  Mr.   Marsteller's  case? 

To  assume  that  a  contract  to  teach,  or  supervise,  either  written  or  oral,  must 
expire  before  the  Tenure  of  Service  Act  can  apply,  is  to  give  every  School 
Board  in  the  State  the  opportunity  to  defeat  the  law  by  awaiting  the  expiration 
of  its  contract  and  then  claiming  the  teacher,  principal  or  supervising  principal 
was  "out  of  service."  and  not  within  the  meaning  of  the  statute.  This  was 
evidently  not  the  intent  of  the  statute. 

Its  evident  intent  was  to  apply  the  Civil  Service  rules  to  school  teachers, 
principals  and  supervising  principals  that  they  might  not  be  ousted  from  office 
for  personal  or  partisan  reasons  while  performing  saticfactory  service.  They 
could,  however,  be  ousted  for  cause  shown.  That  Mr.  Marsteller  had  a  written 
contract  for  three  years  instead  of  an  oral  one  seems  to  be  in  his   favor  rather 


SCHOOL  LAW  DECISIONS.  261 

than  otherwise.  After  six  years  of  service,  the  Board  of  Education  of  Ple^sant- 
villc  was  evidently  so  well  satisfied  with  him  that  it  wished  to  secure  his  services 
for  three  years  more,  and  under  a  written  contract.  That  this  should  now  be 
turned  to  Mr.  Marsteller's  disadvantage,  and  should  be  used  against  him  as 
argument  for  the  Tenure  of  Service  Act  not  applying  in  his  case,  seems  unfair 
and  unjust. 

the  contention  of  the  Board  of  Education  of  Pleasantville  turns  on  a 
technicality  which  assumes  the  unconstitutionality  of  the  Tenure  of  Service 
Act.  I  do  not  think  the  State  Board  of  Education  has  the  right  to  assume  the 
unconstitutionality  of  the  Act.  It  seems  to  me  the  State  Board  should  assume 
the  constitutionality  of  the  act  and  endeavor  to  interpret  it  in  the  light  of 
the  maker's  intention.  The  intent  and  spirit  of  it,  as  already  stated,  is  evidently 
to  apply  civil  service  rules  to  just  such  cases  as  that  of  Mr.  Marsteller.  The. 
Tenure  of  Service  should  be  held  to  apply  to  him  and  his  discharge  by  the 
Board  of  Education  of  Pleasantville  should  be. declared  null  and  void. 

GRADUATING  EXERCISES  NOT  A  PART  OF  THE  COURSE  OF  STUDY. 

John  H.  Bartlett,  Jr., 

Appellant, 
vs. 
The  Board  of   Education   of  the  Town- 
ship  of   West   Orange, 

Respondent. 

[Decision  of  the  Commissioner  of  Education.] 

The  Appellant  is  the  father  of  John  H.  Bartlett,  II,  Who  was  a  pupil  in  the 
twelfth  year  of  the  West  Orange  Schools  during  the  school  year  of  ioio-ii, 
and  he  appeals  from  the  action  of  the  Respondent  in  refusing  to  deliver  to  his 
son  a  diploma  at  the  graduating  exercises  held  in  West  Orange  on  June  23rd, 
191 1. 

The  facts  in  the  case  as   they  appear  in  the  evidence  are  as  follows: 

Bartlett  was  notified  on  May  15th,  191 1,  that  he  had  been  selected  by  the 
faculty  of  the  high  school  as  valedictorian  of  his  class.  He  asked  to  be  excused 
for  the  reason  that  he  was  busy  preparing  for  his  entrance  examinations  to 
college,  and  did  not  have  time  to  prepare  the  valedictory.  His  request  was 
refused  and  he  thereupon  prepared  a  paper  and  presented  it  to  Miss  Drew,  his 
teacher  in  English,  on  or  about  May  29th.  On  the  same  day  the  paper  was 
rejected  as  unsuitable,  and  he  again  requested  that  he  be  excused.  He  repeated 
the  request  the  next  day  and  Miss  Drew  then  told  him  that  she  was  willing 
he  should  be  excused,  provided,  Mr.  Todd,  the  Principal  consented.  Bartlett 
testifies  that  Todd  did  consent,  and  Todd  testifies  that  he  was  willing  to  excuse 
him  and  tried  to  get  another  boy  to  take  the  valedictory.  Failing  in  this  the 
con  sent  was  withdrawn.  On  June  14th  Bartlett  presented  a  second  paper  which 
was  rejected  on  the  ground  that,  while  it  was  suitable  for  a  Class  Day  paper, 
it   was   not    sufficiently    dignified    for    a    valedictory. 

On  June  22nd,  the  day  before  the  graduation  exercises  were  to  be  held, 
Bartlett  presented  a  thesis  in  lieu  of  a  valedictory.  This  was  refused  on  the 
ground  that  it  was  submitted  too  late. 


262  SCHOOL  LAW  DECISIONS. 

Bartlelt  testifies  that  he  believed  he  had  been  excused,  and  this  is  corroborated 
by  his  mother  who  testifies  that  Miss   Drew  said  to  her : 

"It  was  positively  funny  the  relief  John  showed  at  having  been  excused  from 
giving  the  valedictory." 

The  Board  of  Education  took  no  action  in  this  case.  It  is  true  that  there 
was  an  informal  meeting  of  the  members  of  the  Board  with  the  faculty  of  the 
high  school,  but  not  all  the  members  were  notified  of  the  meeting,  and  no 
minutes  were  kept.  Any  expression  of  opinion  by  the  members  of  the  Board 
at  that  meeting  must  be  considered  as  an  expression  of  their  individual  opinions 
and  not  as  the  action  of  the  Board.  Bartlett  was  not  notified  of  th»*  meeting, 
was  not  present,  and  was  not,  at  any  time,  given  a  hearing.  The  action,  sucb 
as  it  was,  was  ex  parte. 

There  are  two  questions  before  me  for  decision,  viz. : 

Are  the  graduating  exercises  a  part  of  the  Course  of  Study  in  the  West 
Orange  Schools? 

Did  Bartlett  complete  the  course  of  study,  and  if  so,  is  he  entitled  to 
receive  a  diploma  notwithstanding  the  fact  that  he  did  not  deliver  the  valedictory 
or   submit   a    thesis   satisfactory   to    the    faculty    of   the   school? 

Section  three  of  the  School  Law  gives  to  the  State  Board  of  Education  power 
"to  prescribe  and  enforce  rules  and  regulations  necessary  to  carry  into  effect 
the  School  Laws  of  this  State,"  and  section  182,  paragraph  (b)  provides  for  an 
apportionment  of  State  moneys  for  a  high  school  "having  a  full  four  years' 
course   of  study   approved   by   the    State   Board   of    Education." 

A  rule  of  the  State  Board  of  Education   reads  as  follows: 

"Diplomas  shall  be  granted  only  to  pupils  who  shall  have  completed  a  full 
four  year  course  aggregating  at  least  seventy-two  academic  counts.  The  counts 
shall  be  reckoned  in  accordance  with  the  number  of  recitations  per  week  of 
a  school  year  of  at  least  thirty-eight  weeks,  and  the  recitation  periods  shall 
average    at    least    forty    minutes." 

The  course  of  study  in  the  West  Orange  High  School  has  been  approved 
by  the  State  Board  of  Education.  It  requires  for  graduation  from  its  College 
Preparatory  Course  eighty-four  counts,  but  does  not  provide  that  papers  prepared 
for  the  graduating  exercises  shall  be  a  part  of  the  required  course.  In  fact, 
it  makes  no  reference  whatever  to  the  graduating  exercises.  A  diploma  is 
evidence  of  the  completion  of  a  required  course  of  study,  and,  in  the  absence  of 
any  requirement  that  the  preparation  of  a  paper  for  the  graduating  exercises  is  a 
part  of  the  course,  a  pupil  who  has  completed  the  course  and  received  the  re- 
quired number  of  credits  is  entitled  to  a  diploma  even  though  he  may  not  have 
prepared   such  a  paper. 

It  is  in  evidence  that  Bartlett  had  completed  the  course  with  the  excep- 
tion of  the  valedictory-  The  Principal,  Mr.  Todd,  testifies  that  "his  work 
would  have  been  satisfactory  if  he  had  presented  that  valedictory  properly 
written."  He  also  testifies  that  a  "diploma  indicates  a  satisfactory  completion 
of  a  course  of  study  prescribed  by  |he  Board  of  Education  "for  the  t"Higb 
School,"  and  that  there  was  no  reason,  other  than  his  failure  to  present  and 
deliver  the  valedictory,   why   Bartlett  should   not  have  received  his  diploma. 

Mr.  Farr,  the  President  of  the  Board,  testifies  that  Bartlett  was  an  unusu- 
ally bright  pupil,  and  that  the  Board  would  have  been  only  too  happy  to  have 
permitted   the   diploma   to   have  been    given   to   Bartlett,   and   would    "have  bee» 


SCHOOL  LAW  DECISIONS.  263 

willing  to  strain  a  point  had  his  record  in  previous  cases  and  also  at  this  time 
shown   the  right   attitude." 

It  is  also  in  evidence  that  Bartlett  stood  at  the  head  of  his  class.  If,  there- 
fore, the  other  members  of  the  class  received  the  required  credits,  Bartlett  also 
received   them. 

The  testimony  of  Miss  Drew,  Mr.  Todd  and  Mr.  Farr  leads  inevitably  to 
the  conclusion  that  the  refusal  to  grant  a  diploma  to  Bartlett  was  not  because 
he  had  not  completed  the  required  course,  but  as  a  matter  of  discipline. 

I  find  that  the  graduating  exercises  are  not  a  part  of  the  course  of  study 
prescribed  for  the  West  Orange  High  School,  and  that  Bartlett  completed  the 
prescribed  course. 

It  is  hereby  ordered  that  the  Board  of  Education  deliver  to  John  H.  Bartlett 
III   a   diploma  dated   June   23rd,    1911. 

May  27,  1912. 

PROCEDURE    FOR    THE    ISSUE    OF    BONDS    BY    A    DISTRICT    ACTING 

UNDER  ARTICLE   VII. 

William    B.    Krug   and    Benjamin    F.    El- 
lison, 

Appellants, 
vs. 
The    Board    of    Education    of    the    Town- 
ship  OF  WOODBRIDGE, 

Respondent. 

1 

[Decision  of  the  Commissioner  of  Education.] 

Lphraim   Cutter,  for  the  Appellant. 

J.  H.  Thayer  Martin,  for  the  Respondent. 

The  complainants  allege  that  the  proceedings  had  at  a  meeting  of  the  legal 
voters  of  the  School  District  of  the  Township  of  Woodbridge,  held  on  the 
nineteenth  day  of  March,  1912,  were  illegal,  so  far  as  said  proceedings  relate  to 
the  selection  of  a  lot,  the  erection  of  a  school  house,  and  the  issuing  of  bonds, 
for  the  following  reasons : 

First.  Because  the  said  resolutions  were  not  introduced  at  said  meeting, 
and  no  motion  was  made  to  adopt  them ;     ♦ 

Second.  Because  no  motion  was  made  at  the  said  meeting  to  adopt  the 
said  resolutions  or  any  of  them,  and  there  was  no  such  motion  before  the  meet- 
ing to  be  voted  on ; 

Third.  Because  there  were  no  such  resolutions  before  the  said  meeting  to 
be  voted  on ; 

Fourth. Because  the  said  resolutions,  and  each  of  them,  were  not  legally 
adopted    at    the    said    meeting ; 

Fifth.     Because  proper  ballot  boxes  were  not  used  at  the  said  meeting; 

Sixth.  Because  the  first  resolution  does  not  state  of  whom  certain  lots  are 
to  be  purchased,  and  does  not  properly  describe  the  said  lots. 

Seventh.     Because  the  first  resolution  authorizes  the  Board   of  Education  to 


264  SCHOOL  LAW  DECISIONS. 

accept  certain  lots,  as  well  as  to  purchase  certain  other  lots,  all  of  the  lots,  form- 
ing one  plot  to  be  used  for  the  erection  of  a  school  house. 

Eight.  Because  in  the  second  resolution  it  is  not  specified  what  amount 
is  to  be  expended  for  the  erection  of  a  school  house,  and  what  amount  for  the 
purchase    of    school    furniture    and    equipment. 

Ninth.     Because   the   polls    at   said   meeting  were   kept   open    longer   than    the 
time  provided   by  law. 

The  first  four  reasons  may  be  considered  together. 

There  is  nothing  in  the  law  which  prescribes  the  method  of  conducting  a 
school  district  meeting,  other  than  the  provision  for  the  election,  of  a  chairman 
and  secretary,  the  appointment  of  tellers,  that  the  vote  shall  be  by  ballot,  and 
the  minimum  time  the  polls  shall  be  open.  The  complaints  contend  that 
the  resolutions  must  be  introduced  at  the  meeting  and  a  motion  made  to  adopt 
them,  and  that  in  the  absence  of  such  introduction  and  motion  the  resolutions 
are  not  before  the  meeting.  If  this  contention  is  sound  it  would  be  possible 
for  the  voters  present  at  the  time  the  resolutions  were  introduced  to  refuse  by 
a  viva  voce  vote  to  consider  them  and  thus  prevent  persons  who  were  not 
present  at  the  opening  of  the  meeting  from  voting.  If  the  contention  of  the 
complainants  is  simply  that  the  resolutions  should  be  presented  and  a  motion 
made  to  adopt  them,  and  that  the  polls  should  immediately  be  declared  open, 
without  any  action  on  the  motion,  such  motion  would  be  absolutely  meaningless. 
The  notices  state  the  purpose  for  which  the  meeting  is  called  and  the  resolutions 
which  will  be  acted  on.  Any  voter  who  presents  himself  during  the  time  the 
polls  are  open  has  the  right  to  cast  his  ballot  for  or  against  any  proposition 
stated  in  the  notices.  He  may  not  alter  any  resolution,  except  by  reducing  the 
amount  of  money  to  be  appropriated  for  the  purpose  named  in  the  resolution. 
A  school  district  meeting  is  an  election  and  not  a  meeting  in  the  ordinary  mean- 
ing of  that  word,  and  it  is  not  necessary  that  the  resolutions  be  offered  at  the 
meeting,  or  that  any  motion  be  made  to  adopt  them. 

The  fifth  objection  is  that  proper  ballot  boxes  were  not  used  at  the  meeting. 
The  law  does  not  prescribe  the  kind  of  ballot  box  which  shall  be  used  at  a 
school  district  meeting.  In  the  absence  of  any  such  provision  any  box  may  be 
used. 

The  sixth  objection  is  that  the  resolution  does  not  state  from  whom  the 
lots  are  to  be  purchased  and  does  not  properly  describe  said  lots.  If  the  voters 
desire  to  purchase  a  certain  plot  for  school  purposes  they  may  direct  the  Board 
of  Education  to  purchase  it ;  provided,  such  plot  has  been  described  in  the 
notices.  It  is  immaterial,  so  far  as  the  voters  are  concerned,  who  is  the  owner  of 
the  plot.  Any  description  in  the  notices  which  will  enable  the  voters  to  locate 
the  plot  is  sufficient.  The  description  of  the  nlot  now  under  consideration  was 
stated  in  the  notices  and  on  the  ballots  as  follows : 

"Plot  about  seven  hundred  feet  west  of  Avenel  Railroad  Stntion  on  Cedar 
Street  containing  lots  numbered  19,  20.  21,  22.  23,  24  and  25.  for  the  sum  of 
Five  Hundred  Dollars  and  to  accept  for  the  same  purpose  adjoining  lots  on  the 
north  side  of  Avenel  Street  numbered  1,  2,  3,  4,  5  and  6,  from  Mr.  J.  Blanchard 
Edgar,  making  in  all  a  plot  one  hundred  and  fifty  feet  fronting  on  Avenel  Street 
by  two  hundred  feet  in  depth  by  one  hundred  and  eighty  feet  on  Cedar  Street 
in   the   rear." 

Witnesses   produced   on   behalf   of   the   complainants   testified   that   they   had 


SCHOOL  LAW  DECISIONS.  265 

never  heard  of  Cedar  Street,  anil  that  there  was  no  street  about  two  hundred 
feet  north  of,  and  parallel  with,  Avenel  Street,  but  Mr.  Cutter  testified  that  he 
had  found  in  the  office  of  the  County  Clerk  a  map  on  which  Cedar  Street  was 
shown  and  the  property  west  of  the  Railroad  and  along  said  street  laid  out 
in  lots.  It  is  also  in  evidence  that  the  distance  from  the  railroad  to  the  first 
street  running  at  right  angles  to  Avenel  Street  is  about  fifteen  hundred  feet. 
The  plot  proposed  to  be  purchased  is  about  half  way  between  the  railroad  and 
this  street.  The  description  of  the  plot  as  it  appears  in  the  notices  and  on  the 
ballots,  complies  with  the  statute  and  was  sufficient  to  enable  the  voters  to  act 
intelligently. 

The  seventh  objection  is  that  the  resolution  authorizes  the  Board  of  Educa- 
tion to  accept  a  donation  of  certain  lots  as  a  part  of  the  plot  on  which  to  erect 
a  school  house.  I  know  of  no  provision  of  law  which  prohibits  a  school  district 
from   accepting  a   gift   of   land    for   school   purposes. 

The  eighth  objection  is  that  the  amount  to  be  expended  for  the  building  and 
the  amount  to  be  expended  for  furniture  and  equipment  were  not  separately 
stated.  In  the  case  of  Stackhouse  vs.  Clark,  23  Vr.,  291,  the  Supreme  Court  held 
that  a  "resolution  to  raise  a  single  sum  for  building  and  furnishing  a  school 
house  is  not  bad  for  uncertainty  because  the  amount  to  be  used  for  building 
and  the  amount  for  furnishing  are  not  separately  stated."  In  the  case  of 
Chamberlain  vs.  Cranbury,  29  Vr.,  347,  the  Court  of  Errors  held  that  bonds  could 
not  legally  be  issued  for  the  purchase  of  school  furniture.  The  law  in  force 
at  the  time  the  later  decision  was  rendered  authorized  the  issue  of  bonds  for 
the  purchase  of  lands  and  the  erection  or  improvement  of  school  buildings,  but 
made  no  reference  to  the  purchase  of  furniture,  and  the  court  decided  that 
bonds  could  be  issued  only  for  the  purposes  designated  in  the  law.  The  law  now 
provides  that  bonds  may  be  issued  for  the  erection  of  a  school  house  and  for  the 
purchase  of  school  furniture  and  other  necessary  equipment.  I  think  that  the 
decision  in  the  Chamberlain  case  is  not  in  conflict  with  the  decision  in  the  Stack- 
house  case.  The  resolution  is  not  bad  because  it  fails  to  state  separately  the 
amount  appropriated  for  the  building  and  the  amount  appropriated  for  furniture. 

The  ninth  objection  is  that  the  polls  were  kept  open  longer  than  the  time 
provided  by  law.  The  law  does  not-  fix  the  maximum  time  the  polls  shall  be  kept 
open,  it  simply  provides  that  they  "shall  remain  open  one  hour  and  as  much  longer 
as  may  be  necessary  to  enable  the  legal  voters  present  to  cast  their  ballots."  The 
evidence  is  that  the  polls  closed  about  four-thirty,  and  that  votes  were  cast  after 
four  o'clock.  As  the  meeting  did  not  convene  until  three  o'clock  and  some 
time  must  have  been  consumed  in  selecting  the  officers,  the  polls  would  not  have 
been  open  one  hour  had  they  been  closed  at  four  o'clock. 

The  appeal   is   dismissed. 

June  11,  1912. 

[Decision  of  the  State  Board  of  Education.] 

This  is  an  appeal  from  a  decision  of  the  Assistant  Commissioner  sustaining 
the  validity  of  a  school  meeting  held  in  the  Township  of  Woodbridcre  on  March 
10,  iqi2.  On  that  day  by  a  vote  of  218  out  of  a  total  of  2^8,  the  Board  of 
Education  was  authorized  to  acquire  a  site,  to  erect  a  building,  to  purchase 
furniture  and  to  issue  bonds  in  the  sum   of  sixteen  thousand    ($16,000)    dollars. 

The  Appellants  disputed  the  validity  of  such  authorization  and  ursred  that 
the  resolutions  were  not  formally  introduced  and  a  motion  made  to  at'opt  them, 
that  the  site  to  be  acquired  was  not   sufficiently  described,   that  authority  could 


266  SCHOOL  LAW  DECISIONS. 

not  be  given  to  acquire  a  site  which  in  part  was  dependent  on  a  gift,  and  thai 
the  resolutions  did  not  state  separately  the  amount  to  be  expended  for  the 
erection  of  the  building,  and  the  amount  to  be  expended  for  the  purchase  of 
furniture  and  equipment. 

In  the  School  Law  are  set  forth  certain  requirements  for  the  conduct  of  a 
school  meeting  called  to  authorize  an  issue  of  bonds.  Where  the  Legislature 
has  undertaken  to  specify  the  procedure  to  be  followed  at  such  a  meeting  we  can- 
not assume  that  something  which  it  has  not  specified  is  essential  to  its  validity. 
The  Legislature  has  not  enacted  that  the  resolutions  which  are  to  be  voted 
must  be  read.  The  failure  to  formally  read  at  the  meeting  the  resolutions  which 
were  printed  on  the  ballots,  did  not  therefore,  in  our  opinion,  affect  the  validity 
of  the  proceedings.  If  the  law  were  otherwise,  the  validity  of  many  issues  of 
bonds  would  be  open  to  question. 

For  years  past,  the  Department  of  Public  Instruction  has  issued  in  con- 
nection with  the  School  Law,  a  Code  of  forms  and  instructions  which  are  and 
have  been  generally  followed.  The  twenty-fourth  subdivision  is  entitled  "Order 
of  business  at  a  district  school  meeting."  The  reading  of  the  notice  calling  a 
meeting  is  set  forth  in  this  subdivision,  but  no  mention  is  made  about  the  read- 
ing of  the  resolutions.  At  the  meeting  in  question,  the  notice  was  read  and 
in  the  notice  was  contained  a  clear  and  precise  statement  of  the  substance  of 
the  resolutions.  The  objection,  therefore,  that  the  resolutions  were  not  read  at 
length,    in    our   opinion    was    properly    overruled. 

With  regard  to  the  site  described  in  the  notice  and  resolutions,  we  cannot 
find  that  there  was  any  misconception  on  the  part  of  the  voters.  Upon  the  argu- 
ments it  was  admitted  that  this  entire  dispute  exists  because  the  Appellants  and 
others  preferred  another  site.  The  very  fact  that  there  was  a  controversy  about 
two  sites  is  in  itself  a  clear  indication  that  their  locations  were  known. 

Objection  is  also  made  that  the  voters  could  not  authorize  the  Board  to 
couple  the  acquisition  of  seven  lots  by  purchase,  with  the  acceptance  of  a  gift  of 
six  adjoining  lots.  In  the  resolution  it  was  stated  that  the  thirteen  lots  would 
make  a  plot  and  the  resolution  concluded  that  "the  cost  of  said  plot  shall  not 
exceed  the  sum  of  five  hundred  ($500)  dollars."  The  voters  authorized  the 
acquisition  of  the  entire  plot  of  thirteen  lots  for  five  hundred  ($500)  dollars 
and  the  Board  could  not  disburse  the  five  hundred  ($500)  dollars  unless  it  re- 
ceived title  to  the  thirteen  lots.  That  title  might  be  acquired  by  two  deeds,  one 
for  six  purporting  to  be  a  gift  and  the  other  for  seven  purporting  to  be  a  sale, 
seems  to  us  a  matter  of  form  rather  than  substance. 

The  remaining  objection  is  that  in  the  resolution,  the  amount  to  be  ex- 
pended for  the  erection  of  a  building  was  not  stated  separately  from  the  amount 
to  be  expended  for  the  purchase  of  furniture  and  equipment.  In  the  Law 
under  which  the  meeting  was  held,  it  was  provided  that  the  voters  by  a  vote  of 
the  majority  of  those  present,  may  authorize  the  Board  of  Education  to  issue 
bonds  of  the  district  for  the  purpose  of  building  a  school  house  and  of  pur- 
chasing school  furniture  and  other  necessary  equipment.  We  do  not  find  any  pro- 
vision that  the  amount  necessary  for  a  complete  school,  that  is  for  a  building 
and  furnishings,  must  be  split  up  into  items.  It  is  not  for  us  to  read  into  the 
law   something  which  is  not   in   it. 

The  Supreme  Court  at  the  November  term,  1912,  denied  the  application  for 
a    writ   of   certiorari. 

June  g,   191 2. 


SCHOOL  LAW  DECISIONS.  267 

RESIDENCE  OF  MEMBER  OF  A  BOARD  OF  EDUCATION. 

Frank  H.  O'Brien, 

Appellant, 
vs. 
The  Board  of  Education  of  the  Town 
of  West  New  York, 

Respondent. 

[Decision  of  the  Commissioner  of  Education.) 

For  the  Appellant,  Francis  B.  McCauley. 
For  the  Respondent,  Mark  A.  Sullivan. 

The  Appellant  was  elected  a   member  of   the   Board  of   Education  of   West 
New   York   for   a   term   of   three   years   from   the   first    Monday   in    ApriC  19U 
and  served  as  such   member  until  March  30,   1912.     On  that  date  the  following 
preamble  and  resolutions  were  adopted  by  said  Board  of  Education : 

"Whereas,  It  has  been  brought  to  the  notice  of  the  Board  of  Education 
of  the  School  District  of  West  New  York  that  Frank  H.  O'Brien  has  ceased 
to  be  a  resident  of  the  territory  contained  in  the  School  District  of  the  Town 
of  West  New  York,  and  has  thereby  ceased  to  be  a  member  of  the  Board  of 
Education  of  said  School  District ;  NOW,  THEREFORE, 

BE  IT  RESOLVED,  That  a  vacancy  exists  in  the  membership  of  said 
Board  of  Education,  and  be  it  further 

RESOLVED,  That  Louis  Wagner  be  and  he  is  appointed  a  member  of 
the  Board  of  Education  of  the  Town  of  West  New  York,  in  the  County  of 
Hudson,  to  take  place  of  said  Frank  H.  O'Brien,  and  to  fill  the  vacancy  caused 
by  the  non-residence  of  said  Frank  H.  O'Brien." 

O'Brien  attended  a  regular  meeting  of  the  Board  on  Monday,  March  25, 
1912.  This  meeting  was  adjourned  until  the  Thursday  following,  and  again 
adjourned  to  Saturday,  March  30,  when  the  preamble  and  resolutions  above 
quoted  were  adopted.  O'Brien  attempted  to  attend  the  meeting  of  March  28, 
but  was  prevented  by  illness.  He  had  no  knowledge  of  the  meeting  of 
March  30,  nor  had  he  any  knowledge  tha't  there  was  any  question  as  to  his 
being  a  resident  of  West  New  York.  In  fact,  he  received  on  the  very  day  the 
resolution  was  adopted  a  notice  of  a  meeting  of  the  Board  of  Education  to 
be  held  the  following  Monday.  There  is  nothing  in  the  evidence  to  show 
that  'the  question  as  to  his  residence  had  been  before  the  Board  at  any  time 
prior  to  March  30th.  There  was  no  evidence  presented  at  that  meeting,  and 
the  action  appears  to  have  been  based  on  statements  made  by  O'Brien  that  he 
would  not  be  able  to  attend  all  the  meetings  of  the  Board  for  the  reason  that, 
owing  to  ill  health,  he  was  temporarily  living  with  his  wife's  mother  at  New- 
burgh,  New  York,  and  for  the  further  reason  that  he  had  broken  up  his  home 
in  West  New  York  and  shipped  his  household  effects  to  Newburgh. 

It  is  very  clear  from  the  evidence  that  O'Brien  did  not  leave  West  New 
York  with  the  intent  of  establishing  a  residence  elsewhere,  but  that  he  fully 
expected  to  return  as  soon  as  his  health  would  permit.  The  counsel  for  the 
Respondent  very  ingeniously  argued  that  the  residence  of  a  member  of  a  board 
of   education    contemplated   by   section   eighty-three    of   the    School    Law,    is   not 


26S  SCHOOL  LAW  DECISIONS. 

his  legal  domicile,  but  his  actual  place  of  residence,  and  that  a  member  of  a 
board  of  education  ceases  to  be  a  "resident  of  the  territory  contained  in  the 
school  district"  when  he  actually  ceases  to  reside  there,  even  though  it  is  his 
intention  to  return.  In  many  of  our  towns  there  are  members  of  boards  of 
education  who  have  summer  residences  in  the  mountains  or  at  the  shore. 
The  interpretation  advanced  by  the  counsel  for  the  Respondent  would  create 
vacancies  in  such  boards  whenever  members  left  the  districts  for  their  summer 
homes,  and  in  some  cases  might  result  in  leaving  the  boards  with  less  than  a 
quorum,  and  possibly  leave  a  district  without  any  board.  I  think  that  the 
word  "resident"  in  section  83  must  be  construed  as  meaning  domicile.  Adopt- 
ing this  construction  O'Brien  has  not  ceased  to  be  a  resident  of  the  School 
District  of  West  New  York. 

Eut  had  I  reached  the  conclusion  that  he  had  ceased  to  be  a  resident  of 
the  School  District,  I  am  of  the  opinion  that  he  is  still  a  member  of  the 
Board  of  Education.  A  public  officer  having  been  duly  elected  cannot  be  de- 
prived of  his  once  except  by  due  process  of  law.  A  member  of  a  board  of 
education  must  not  only  be  a  resident  of  the  district  at  the  time  of  his  elec- 
tion but  must  continue  to  be  a  resident  during  the  term  for  which  he  was 
elected.  If  he  loses  his  residence  he  ceases  to  be  a  d?  jure  member,  but  con- 
tinues as  a  de  facto  member  until  his  office  has  been  declared  vacant  in  the 
manner  provided  by  law. 

The  only  provision  in  the  School  Law  giving  to  a  board  of  education  power 
to  remove  one  of  its  members  is  contained  in  section  ninety-two.  This  section 
confines  the  power  to  remove  to  a  case  when  a  member  fails  to  attend  three 
consecutive  regular  meetings  of  the  board  without  a  good  cause.  It  is  not  con- 
tended that  O'Brien  is  subject  to  removal  for  this  cause. 

The  question  as  to  whether  or  not  a  member  of  a  board  of  education  has 
ceased  to  possess  the  qualifications  prescribed  by  law  for  membership  in  the 
board,  is  a  controversy  arising  under  the  School  Law,  and  the  Board  of  Edu- 
cation of  the  Town  of  West  New  York  had  no  power  to  decide  such  contro- 
versy. O'Brien  has  never  ceased  to  be  a  member  of  said  Board  of  Education, 
and  the  action  of  the  Board  in  ousting  him,  and  in  appointing  a  person  to  fill 
the  vacancy  thus  created,  was  illegal,  null  and  void. 

June  13,  1912. 

[Decision  of  the  State  Board  of  Education.] 

In  March,  1911,  Frank  H.  O'Brien  was  elected  a  member  of  the  Foard  of 
Education  of  the  Town  of  West  New  York  in  the  County  of  Hudson  for  a 
term  of  three  (3)  years.  On  March  30,  1912,  the  Board  declared  that  it  had 
been  brought  to  its  notice  that  he  had  ceased  to  be  a  resident  of  West  New 
York,  and  it  thereupon  resolved  that  he  thereby  ceased  to  be  a  member  of  the 
Board,  and  it  elected  Louis  Wagner  in  his  place.  Mr.  O'Brien  was  not  present 
at  this  meeting.  No  notice  was  given  to  him  that  the  Board  contemplated 
declaring  that  he  had  forfeited  his  membership  and  no  evidence  was  adduced  at 
the  meeting  upon  the  question  of  his  residence. 

Mr.  O'Brien  appealed  to  the  Commissioner  of  Education  and  from  a  de- 
cision in  his  favor,  the  Board  of  Education  of  the  Town  of  West  New  York 
appealed  to  the  State  Board  of  Education. 

Though  considerable  testimony  was  taken,  the  facts  are  simple.  Mr. 
O'Brien  became  a  resident  of  West  New  York  in  1898  and  that  he  was  such 
until  March,,    1912,  is  not  disputed.     For  some   time  prior  to    March,    1912,  hi9 


SCHOOL  LAW  DECISIONS.  269 

health  was  bad.  At  times  he  was  unable  to  work  and  his  physician  advised 
him  to  go  to  Saranac  Lake.  At  the  end  of  February,  1912,  to  use  his  own 
expression,  he  broke  up  his  home.  His  wife  and  child  went  to  Newburgh  to 
the  home  of  her  mother.  His  furniture  was  also  shipped  there  to  save,  as  he 
says,  storage  charges.  Mr.  O'Brien's  mother,  brothers  and  sisters,  however,  lived 
in  an  apartment  in  West  New  York.  To  that  apartment  he  took  all  his  cloth- 
ing and  he  and  his  brothers  testified  that  after  March  1  he  resided  therein. 
Prior  to  March,  instead  of  going  to  Saranac,  he  spent  some  time  with  his 
wife's  relatives  in  Newburgh.  During  March  he  spent  part  of  his  time  at 
his  mother's  apartment  in  West  New  York,  and  part  at  the  residence  of  his 
wife's  mother  in  Newburgh.  On  March  25  the  Board  of  Education  of  the  Town 
of  West  New  York  held  a  regular  meeting  which  Mr.  O'Brien  attended.  At 
its  conclusion,  an  adjournment  was  taken  to  the  28th.  On  the  28th  he  was 
at  'the  home  of  his  mother.  He  attempted  to  attend  the  meeting  but  his  physi- 
cal condition  was  such  that  he  had  to  abandon  the  attempt.  At  the  close  of 
the  meeting  another  adjournment  was  taken  to  the  30th.  No  notice  was  given 
to  him  of  this  adjourned  meeting,  but  a  few  hours  before  the  time  fixed  for  it, 
he  received  at  the  home  of  his  mother  wriften  notice  that  on  April  1  the  new 
Board  would  meet  to  organize. 

At  four  o'clock  in  the  afternoon  of  the  30th,  the  Board  met  and  ad- 
journed to  8.15  p.  m.  It  was  at  this  adjourned  meeting  that  the  Board  re- 
solved that  Mr.  O'Brien  had  forfeited  his  membership.  No  question  has  been 
raised  as  to  the  legality  of  this  meeting  which  commenced  after  8  p.  m.  con- 
trary to  law,  and  in  view  of  the  conclusion  which  we  have  read,  it  is  neces- 
sary for  us  to  rule  on  it.  Needless  to  say,  if  a  Board  can  convene  at  four  and 
then  lawfully  take  a  recess  until  8:15  there  would  seem  to  be  no  reason  why 
it  could  not  do  so  until  9:15,  10:15,  11:15,  or  even  midnight,  and  the  spirit  if 
not  the  letter  of  the  law  would  be  just  as  clearly  broken  if  a  meeting  was 
called  for  any  such  hours.  The  law  is  very  clear.  Meetings  of  the  Board  of 
Education  shall  be  public  and  shall  commence  not  later  than  eight  p.  m.  The 
object  of  the  law,  viz.,  full  publicity,  can  be  defeated  almost  as  well  by 
holding  meetings  when  the  great  majority  of  the  public  is  asleep  as  by  a  star 
chamber  proceeding.  We  believe,  however,  'that  in  this  case  the  adjournment 
to  8:15  rather  than  to  8:00  was  due  to  inadvertence. 

No  evidence  was  taken  upon  the  subject  of  the  resolution,  and  each  mem- 
ber in  voting  in  favor  of  it  did  so,  because  of  information  which  he  had 
gleaned  from  conversations  with  Mr.  O'Brien,  with  other  members  of  the 
Board  and  from  residents  of  the  district.  This  information  in  brief  was  that 
Mrs.  O'Brien  and  child  had  gone  to  Newburgh,  that  their  furniture  had  been 
shipped  there,  that  Mr.  O'Brien,  at  times,  stated  that  he  had  come  from  New- 
burgh, at  other  times  that  he  intended  to  return  to  Newburgh,  at  other  times 
that  he  was  not  sure  that  he  could  attend  all  the  meetings  of  the  Board,  and 
that  he  had  requested  theSecretary  to  send  notices  to  him  at  Newburgh.  In  . 
addition  to  such  information  some  of  the  members  of  the  Board  believed  that 
his  mother's  apartment  was  crowded  and  that  he  could  not  be  accommodated 
in  it.  His  mother's  apartment,  however,  was  visited  by  two  members  of  the 
Board  during  the  very  week  when  the  resolution  was  adopted  and  they 
found  him  there.  No  evidence  was  offered  in  any  way  tending  to  show  that 
in  Newburgh  Mr.  O'Brien  had  started  business  or  that  he  had  established  a 
home  for  his  family  or  that  he  had  ever  registered  or  voted,  or  that  he  had 
paid  taxes  or  purchased  property.     We  do  not   understand   the   counsel   for   the 


270  SCHOOL  LAW  DECISIONS. 

Board  to  contend  that  he  had  abandoned  his  citizenship  in  New  Jersey  or  that 
he  ceased  to  be  domiciled  in  West  New  York. 

The  law  provides  that  a  number  of  a  Board  of  Education  shall  be  a  citi- 
zen and  resident  of  the  territory  contained  in  the  school  district.  The  Appel- 
lant Board  contends  that  if  a  member  ceases  to  be  an  actual  as  distinguished 
from  a  constructive  resident  of  a  school  district  he  forfeits  his  membership. 
Many  men  live  in  cities  except  during  summer.  They  are  residents  of  the 
cities,  vote  and  pay  taxes  in  them,  and  when  they  return  after  the  summmer, 
do  not  always  return  to  'the  same  house.  If  any  such  goes  to  the  mountains 
or  to  the  seashore  for  a  month  or  for  the  whole  summer,  would  he  thereby,  if  a 
member  of  a  Board  of  Education  cease  to  be  one?  Would  a  man,  who  because 
of  business  or  illness  temporarily  leaves  his  district  forfeit  his  office?  Such 
men  are  actually  residing  wherever  they  happen  to  be,  but  'they  are  still  con- 
structive residents  of  some  districts  in  this  State.  We  cannot  agree  with  the 
Appellant  Board.  Though  enough  has  been  written  on  citizenship,  residence  and 
domicile  to  fill  a  library,  we  think  it  is  generally  accepted  that  where  a  statute 
requires  a  candidate  for  public  office  be  a  resident  of  the  district  or  locality  to  be 
represented,  the  word  "residence"  is  deemed  to  be  identical  and  synonymous  with 
"domicile." 

(People  vs.  Piatt,  so  Hun,  454.     Affirmed   117  N.  Y.,   159). 

In  that  case  it  was  vigorously  contended  that  the  expression  "residence"  in  a 
statute  prescribing  a  qualification  of  residence  for  office  meant  actual  physical 
presence.  Very  many  authorities  were  cited  and  examined  and  the  Court  ruled 
that  where  residence  is  used  in  such  a  statute,  it  must  be  taken  to  be  the  equiva- 
lent of  domicile.  It  was  pointed  out  that  throughout  the  country  it  is  established 
that  the  only  place  where  a  citizen  can  vote  is  at  his  domicile  and  the  Court 
said : — "It  would  be  absurd  to  say  that  more  permanence  was  required  in  the 
voter  than  in  the  local  officer  voted  for.  If,  by  statute,  one  must  be  a  resident 
of  a  town  in  order  to  vote,  and  by  statute,  also  one  must  be  a  resident  of 
the  town  to  hold  office  therein,  then  if  residence  in  the  voter's  case  means 
domicile,  so  it  means,  also  in  the  case  of  the  officers.  The  two  subjects  are 
cognate,  and  the  word  'residence'  is  used  with  like  meaning  in  respect  to 
each." 

For  fourteen  years  prior  to  March,  1912,  Mr.  O'Brien  was  domiciled  in 
and  an  actual  resident  of  West  New  York.  It  was  there  that  he  voted  and 
exercised  his  political  rights.  That  domicile  is  presumed  to  continue  until  a 
change  is  shown,  and  the  burden  of  proofis  on  him  who  alleges  the  change. 
That  burden,  the  Board  of  Education  of  the  Town  of  West  New  York  in  our 
opinion  has  not  sustained.  Indeed,  we  do  not  understand  its  counsel  to  even 
claim  that  Mr.  O'Brien  has  changed  his  domicile  to  Newburgh.  A  change  of 
domicile  is  dependent  on  two  things — fact  and  intent.  We  cannot  find  as  a 
fact  that  on  March  30,  1912,  Mr.  O'Brien's  residence  was  at  the  home  of  his 
wife's  mother  in  Newburgh  rather  than  at  the  home  of  his  own  mother  in 
West  New  York.  Neither  can  we  find  that  on  March  30th,  he  had  formed 
any  intention  of  abandoning  West  New  York.  He  testified  subsequently  to 
that  date  in  the  proceedings  before  the  Commissioner,  that  when  he  is  able 
to  support  his  wife  and  child  he  intends  to  take  them  back  to  West  New  York. 

The   record   is   not   such   that  we   can   disbelieve   him. 

We  find  that  on  March  30,  1912,  Mr.  O'Brien  was  a  resident  of  the  school 
district   of    West    New    York   within    the   meaning   of   the    statute,    and   that   the 


SCHOOL  LAW  DECISIONS.  271 

resolution  of  the  Board  of  Education  of  that  town  adopted  on  that  day  where- 
in  his  office   as  a  member  was   declared   vacant   was   without   foundation. 

Aside  from  the  foregoing,  it  is  not  clear  that  the  Board  of  Education  of 
the  Town  of  West  New  York,  could  oust  Mr.  O'Brien  from  membership  with- 
out giving  notice,  and  affording  him  an  opportunity  to  be  heard,  or  that  it 
had  any  authority  whatever  to  determine  that  he  abandoned  his  office,  except  for 
a    failure    to    attend    three    consecutive    regular    meetings    without    good    cause. 

The  members  of  the  Board  in  voting  against  him.  we  believe,  acted  as 
they  thought  proper,  and  as  they  thought  for  the  best  interests  of  the  district. 
We  cannot  find,  however,  that  their  resolution  has  any  sound  foundation.  The 
decision  of  the  Commissioner  is  affirmed. 

December  9,    1912. 

VACANCY  IN  A  BOARD  OF  EDUCATION  ACTING  UNDER  ARTICLE  VII. 

In  the  Matter  ok  the  Appeal  of  J.  C. 
Myers,  in  the  ,'Case  pF  a  Vacancy 
in  the  Board  of  Education  of  Ox- 
ford Township    Warren  County. 

[Decision  of  the  Commissioner  of  Education.] 

It  appears  that  in  March,  19 12,  a  Mr.  Frome  was  elected  a  member  of  the 
Board  of  Education  of  Oxford  Township,  but  that  he  has  not  qualified  and 
has  declined  to  do  so.  and  that  at  a  meeting  of  said  Board  of  Education  on 
May  6th  the  Board  elected  a  Mr.  Axman  to  fill  the  vacancy.  It  is  contended 
that  this  appointment  is  illegal  and  that  the  vacancy  should  have  been  filled 
by  an  appointment  by  the  County  Superintendent  of  Schools.  The  County 
Superintendent  is  only  authorized  to  fill  a  vacancy  in  the  Board  of  Education 
in  case  there  is  a  failure  to  elect  a  member.  Vacancies  in  a  Board  of  Educa- 
tion arising  from  other  causes  than  failure  to  elect  are  to  be  filled  by  the 
Board.  There  was  no  failure  to  elect  in  this  case  but  simply  a  failure  on  the 
part  of  the  person  elected  to  qualify.  Under  these  conditions  the  action  of 
the   Board  in  appointing  a  person   to  fill  the  vacancy  was   legal. 

July  24,    191 2. 

[Decision  of  the  State  Board  of  Education.] 

In  March  last  an  annual  school  meeting  was  held  in  Oxford  Township  at 
which  Mr.  James  Frome  was  elected  a  member  of  the  Board  of  Education  for 
a  term  of  three  years  from  the  1st  day  of  April,  1912.  The  Board  organized 
on  the  1  st  of  April,  but  Mr.  Frome  did  not  attend.  He  declined  to  qualify  and 
to  serve  as  a  member  of  the  Board.  On  the  6th  of  May,  the  Board  appointed 
Mr.  Axman  in  his  place.  Contesting  such  appointment,  Mr.  J.  C.  Myers,  one 
of  the  members,  appealed  to  the  Commissioner  of  Education  on  the  ground  that 
under  the  circumstances  the  power  to  appoint  a  member  was  conferred  by 
statute  upon  the  County  Superintendent,  and  not  upon  the  local  board.  From 
the  decision  of  the  Commissioner  overruling  his  contention,  he  appealed  to 
this  Board.  Mr.  Myers,  the  Oxford  Board  and  the  Commissioner  assumed 
that  a  vacancy  existed  in  the  Board  because  of  the  refusal  of  Mr.  Frome  to 
qualify    and    to    serve. 


272  SCHOOL  LAW  DECISIONS. 

Section  95  of  the  School  Law  provides  that  Township  Boards  shall  have 
power  "I.  To  appoint  a  person  to  fill  a  vacancy  in  the  Board  of  Education,  ex- 
cept a  vacancy  caused  by  a  failure  to  elect,  but  the  person  so  appointed  shall 
serve  only  until  the  next  election  for  members  of  the  Board  of  Education." 

Subd.  4  of  Section  30  provides  tha't  a  County  Superintendent  shall  have 
power  to  appoint  members  of  the  Board  of  Education  for  any  school  district 
under  his  supervision  which  shall  fail  to  elect  members  at  the  regular  time, 
and  that  such  appointees  shall  serve  only  until  'the  next  election  in  the  district 
for  members  of  the  Board  of  Education. 

Mr.  Myers  urges  that  as  Mr.  Frome  could  not  serve  as  a  member  of  the 
Oxford  Board  until  he  qualified,  his  election  was  not  complete  until  he  had  so 
done.  He,  therefore,  argues  that  the  result  was  the  same  as  if  no  election  had 
been  held. 

What  was  the  legal  situation  when,  after  Mr.  Frome  was  duly  elected,  he 
refused  to  qualify  and  to  serve? 

In  15  CYC,  392,  it  is  said: 

"It  is  a  doctrine  of  the  common  law  that  every  citizen  in  peace,  as  well 
as  in  war,  owes  his  services  'to  the  State  when  they  are  required,  and  persons 
are  liable  to  indictment  if  they  refuse  to  take  the  oath  and  qualify  themselves 
as  public  officers  after  having  been  regularly  elected  or  duly  appointed.  *  *  * 
Mandamus  will  lie  to  compel  one  who  has  been  duly  elected  to  a  municipal 
office  to  accept  and  serve  in  the  same." 

In  State  vs.  Ferguson,  31  N.  J.  L.,  107,  mandamus  proceedings  were  instituted 
against  William  Ferguson,  Jr.,  one  of  the  Overseers  of  the  Highways  of  the 
Township  of  Upper  Alloway  Creek  in  the  County  of  Salem  to  compel  him  to 
put  in  good  order  for  public  use  and  travel,  a  certain  part  of  a  road. 

In  the  course  of  the  opinion  of  the  Supreme  Court,  the  Chief  Justice  con- 
sidered at  some  length  the  right  of  a  party  elected  to  refuse  to  qualify  and  the 
right  after  qualification  to  resign  at  pleasure.     He  wrote : 

"First,  as  to  the  officer's  power  to  resign.  It  was  insisted  on  the  part  of 
the  defendant  that  an  overseer  of  the  highways  has  the  right,  in  law,  to  resign 
at  will,  and  that  the  mere  notification  of  the  fact  that  he  resigns  discharges 
him  from   office. 

"If  he  possess  this  power  to  resign  at  pleasure,  it  would  seem  to  follow,  as 
an  inevitable  consequence,  that  he  cannot  be  compelled  to  accept  the  office.  But 
the  books  seem   to   furnish   no  warrant   for   his   doctrine. 

"To  refuse  an  office  in  a  public  corporation  connected  with  local  jurisdiction, 
was  a  common  law  offence  and  punishable  by  indictment.  *  *  *  So  uniform- 
ly is  this  doctrine  maintained  by  an  extensive  series  of  decisions  that  we 
find  it  stated  as  the  unquestionable  law  by  all  the  text  writers.  *  *  *  I  think 
it  undeniable,  therefore,  that  upon  general  principles  of  law  as  contained 
in  judicial  decisions  of  the  highest  authority,  the  refusal  of  an  office  of  the 
class  to  which  the  one  under  consideration  belongs,  was  an  offence  punishable  by 
proceeding  in   behalf  of  the    public. 

"Regarding  then  this  doctrine  of  the  law  as  established,  it  seems  to  be  an 
unavoidable  sequence  that  the  party  elected,  and  who  is  thus  compelled  by 
force  of  the  sanctions  of  the  criminal  law  to  accept  the  office,  cannot  after- 
wards  resign    it   ex  mero    motu.      If  this   recusancy   to   accept   can   be   punished, 


SCHOOL  LAW  DECISIONS.  273 

it  cannot  be  that  he  can  accept  and  immediately  afterwards  at  his  pleasure,  lay 
down  the  office.  The  law  is  far  too  practical  to  admit  of  such  a  frustration  of 
one  of  its  regulations,  designed  for  the  protection  of  the  public  interest." 

From  such  authorities,  it  is  clear  that  the  taking  of  the  oath  of  office  is 
no  part  of  the  election.  Unless  the  school  meeting  at  which  Mr.  Frome  was 
elected  was  not  conducted  in  accordance  with  law,  or  unless  he  could  point  to 
some  statute  or  judicial  authority  which  would  relieve  him  from  'the  necessity 
of  accepting  the  office,  it  seems  as  though  the  Oxford  Township  school  dis- 
trict had  the  right,  if  it  so  desired,  to  compel  him  to  accept.  There  was, 
therefore,  no  such  failure  to  elect  as  would  justify  an  appointment  by  the 
County  Superintendent.  The  record  submitted  to  us  is  very  meagre,  but  as 
far  as  we  understand  the  facts,  no  attempt  was  made  to  force  Mr.  Frome  to 
qualify  as  a  member  of  the  Board  of  Education,  and  the  district  acquiesced  in 
his  refusal  to  do  so.  We  infer  that  it  was  assumed  that  Mr.  Frome's  refusal 
to  qualify  was  substantially  the  same  as  if  the  resignation  of  a  member  who 
had  qualified  was  accepted  and  a  vacancy  thereby  created.  In  as  much  as  the 
vacancy  was  not  caused  by  a  failure  to  elect,  the  Board  of  Education  had 
authority  to  appoint  some  one  to  serve  until  the  next  election. 

The  decision  of  the  Commissioner  is  affirmed. 

August,  19 1 2. 

CONTROVERSY  ARISING  UNDER  THE  SCHOOL  LAW.  SECTION  jto. 

In   the  Matter  of  the   Common   Council 

of  South  Amboy, 

vs. 
The   Board   of    Education    and    Board    op 

Estimate  of  South  Amboy. 

[Decision  of  the  Commissioner  of  Education.] 

It  appears  that  the  Board  of  Education  requested  the  Board  of  School 
Estimate  to  make  an  appropriation  for  the  purpose  of  repairing  two  school 
buildings  in  South  Amboy  and  that  the  Board  of  School  Estimate  determined 
the  amount  for  the  repair  of  said  buildings  and  certified  the  same  to  thje 
Common  Council.  It  further  appears  that  the  Common  Council  has  not  'taken 
any  action  for  raising  the  amount  certified  to  it  by  the  Board  of  School  Esti- 
mate. No  claim  is  made  that  any  of  'the  proceedings  take,n  by  the  Board  of 
Education  or  by  the  Board  of  School  Estimate  were  irregular,  the  sole  cause 
of  complaint  being  that  the  repair  and  enlargement  of  these  school  building* 
is  unwise,  and  that  in  lieu  thereof  a  -new  building  should  be  erected. 

This  is  not  a  controversy  or  dispute  arising  under  the  school  law  within 
the  meaning  of  Section  10  of  the  general  school  law  and  the  appeal  is,  there- 
fore, dismissed. 

July  2,   1912. 


274  SCHOOL  LAW  DECISIONS. 

APPOINTMENT   OF   MEMBERS    OF   A   BOARD   OF   EDUCATION.      P.    L. 

1912,  CHAPTER  370. 

James  F.  Bourne, 

Appellant, 
vs. 
The    Board    of    Education    of    the    City 
of  Atlantic  City, 

Respondent. 

John  J.  Crandall,  for  the  Appellant. 
James  H.  Hayes,  Jr.,  for  the  Respondent. 

[Decision  of  the  Commissioner  of  Education.] 

The  Petitioner  claims  membership  in  the  Board  of  Education  of  Atlantic 
City  by  virtue  of  appointment  by  the  former  mayor  of  said  city  and  the  Respon- 
dent denying  the  legality  of  the  appointment  of  the  Petitioner,  has  refused  to 
recognize  him  as  such  member. 

On  July  ifrth,  at  ten  o'clock  in  the  forenoon,  the  then  mayor  appointed 
the  Petitioner  a  member  of  the  Board  of  Education,  and  at  twelve  o'clock 
noon,  on  the  same  day,  the  five  persons  elected  as  Commissioners  of  said  city 
organized,  pursuant  to  the  provisions  of  an  act  entitled  "An  act  relating  to, 
regulating  and  providing  for  the  government  of  cities,  towns,  boroughs  and 
other  municipalities  within  this  State."     (Chapter  221,  P.  L.   191 1.) 

At  a  meeting  of  the  Board  of  Education  held  on  the  24th  of  July,  a 
resolution  was  adopted  declining  to  recognize  as  legal  the  appointment  of  the 
Petitioner.  The  Respondent  in  its  answer  claims  that  the  former  city  govern- 
ment ceased  to  exist  at  12.01  A.  M.  on  July  ifrth,  and,  that  the  former  mayor 
had  no  power  to  make  appointments  thereafter.  It  also  claims  that  if  the- 
mayor  was  in  office  at  ten  o'clock  in  the  forenoon  of  July  16th,  he  s'till  was 
without  power  to  appoint  a  person  to  membership  in  the  Board  of  Education, 
for  the  reason  that  the  act  under  which  such  appointment  was  made  would 
not  become  effective  in  Atlantic  City  until  January  next,  and  that  no  vacancy 
existed  in  said  board.  The  Respondent  denies  that  the  Commissioner  of 
Education  has  jurisdiction  in  the  matter  of  a  dispute  as  to  the  legality  of  an 
appointment  of  a  member  for  a  Board  of  Education. 

There  are  in  this  case,  three  questions: 

1.  Has  'the  Commissioner  of  Education  jurisdiction? 

2.  Was  there  a  vacancy  in  the  Board  of  Education  ? 

3.  If  a  vacancy  did  exist  had  the  former  mayor  power  to  appoint  a  per- 
son to  fill  such  vacancy  ? 

1.  Section  ten  of  an  act  entitled  "An  act  to  establish  a  thorough  and 
efficient  system  of  free  public  schools,  and  to  provide  for  the  maintenance, 
support  and  management  thereof"  (Special  Session,  1903)  gives  to  the  Com- 
missioner of  Education  power  to  decide  "all  controversies  and  disputes  that 
shall  arise  under  the  school  laws.'*  Members  of  boards  of  education  are  ap- 
pointed by  virtue  of  said  act  or  the  supplements  thereto,  and  a  dispute  as  to 
the    legality    of    such    an    appointment    is    a    "dispute    arising    under    the    school 


SCHOOL  LAW  DECISIONS.  275 

law,"  and  the  Commissioner  of  Education  has  jurisdiction.  The  Supreme  Court 
has  so  held  in  the  cases  of  Buren  vs.  Albertson,  25  Vr.,  72,  and  DuFour  vs.  State 
Superintendent,  43  Vr.,   371. 

2.  If  a  vacancy  existed  in  the  Board  of  Education  of  Atlantic  City  on 
July  16th  last,  it  was  by  virtue  of  the  provisions  of  Chapter  370,  P.  L.  1912. 
Prior  to  the  passage  of  said  act  the  appointment  of  members  of  the  Board 
of  Education  in  said  city  was  made  in  accordance  with  the  provisions  of  sec- 
tion 40  of  the  act  of  1903  above  referred  to.  Said  section  provided  that  until 
the  provisions  of  either  section  38  or  39  of  said  act  had  been  adopted  as  pre- 
scribed in  section  40,  the  members  of  the  board  of  education  should  be  "se- 
lected, elected,  or  appointed  at  the  same  time  and  in  the  same  manner  and 
serve  for  "the  same  terms  as  members  of  such  board  have  been  heretofore 
selected,  elected  or  appointed."  As  Atlantic  City  had  not  adopted  either  sec- 
tion 38  or  39  the  selection  of  members  of  the  Board  of  Education  continued 
to  be  made  in  •ihe  same  manner  as  said  members  had  been  selected  prior  to  1903, 
viz.:  By  appointment  by  the  Common  Council.  The  act  under  which  the 
members  were  appointed  provided  that  the  Board  of  Education  should  be  com- 
posed of  seven  members. 

Chapter  370,  above  referred  to,  provides  that  in  a  city  having  a  population 
of  forty-five  thousand  or  upwards  the  boards  of  education  shall  consist  of  nine 
members  appointed  by  the  mayor,  and  that  appointments  shall  be  made  "be- 
tween the  second  and  fifteenth  days  of  January  in  each  year,  and  terms  of 
office  shall  begin  on  the  first  day  of  February  thereafter.  .  .  .that  every 
member  of  a  board  of  education  in  a  school  district  affected  by  this  supple- 
ment shall  continue  to  serve  during  his  term  of  office  and  thereafter  until 
the  first  day  of  February  then  next  ensuing  .  .  .  that  first  appointments 
under  this  supplement  may  be  for  less  than  full  terms  if  necessary,  it  being 
the  intention  to  provide  hereby  that  when  this  supplement  shall  take  effect  in 
a  school  district  there  shall  be  an  immediate  increase,  if  necessary,  'to  five  or 
to  nine  members,  according  to  the  population  of  the  school  district  as  above 
provided."  The  act  further  provides  that  "Any  vacancy  in  such  board  of 
education  shall  be  forthwith  reported  by  the  secretary  of  said  board  to  the 
mayor  or  other  chief  executive  officer,  who  shall,  within  thirty  days  there- 
after, appoint  a  person  to  fill  such  vacancy  for  the  unexpired  term."  This  act 
was  approved  April  2,   1912,  and  went  into  effect  immediately. 

This  supplement  also  repealed  sections  38,  39  and  40  of  the  Act  of  1903, 
and  the  only  method  of  appointing  members  of  a  board  of  education  and  of 
filling  vacancies  is  that  provided  in  said  supplement. 

The  Respondent  contends  that  the  act  will  not  go  into  effect  in  Atlantic 
City  until  January  2nd,  1913.  To  adopt  this  interpretation  would  nullify  the 
provision  that  the  act  should  go  into  effect  immediately  and  would  make  it 
impossible  for  the  mayor:  to  fill  vacancies  caused  by  death,  removal  from  the 
city  or  otherwise,  and  might  leave  a  board  of  education  without  a  quorum  and, 
therefore,  unable  to  transact  its  business.  I  cannot  believe  that  the  Legis- 
lature intended  that  such  a  condition  should  be  possible.  I  am  of  the  opinion 
that  the  act  went  into  effect  in  Atlantic  City  upon  the  date  of  its  approval 
by  the  Governor,  and  that  the  number  of  members  constituting  said  board  was 
immediately  increased  from  seven  to  nine,  and  that  the  mayor  had  the  power 
tc  fill  such  vacancies.  The  Respondent  also  contends  that  the  mayor  had  no 
power  to  fill  the  vacancies  because  the  secretary  of  the  Board  of  Education 
had  not  notified  him  that  vacancies  existed.  It  is  true  that  the  act  makes 
it  the  duty  of  the  secretary  to  notify  the  mayor  as  soon  as  a  vacancy  is  cre- 
ated.     This    provision    is    simply    for    the    purpose    of    calling    the    attention    of 


276  SCHOOL  LAW  DECISIONS. 

the  mayor  to  the  vacancy  in  order  that  it  may  promptly  be  filled,  but  the 
failure  of  the  secretary  to  perform  his  duty  cannot  deprive  the  mayor  of  his 
right  to  fill  a  vacancy. 

3.  Section  two  of  Chapter  221,  P.  L.  191 1,  reads  as  follows: 
"2.  The  term  of  office  of  such  Commissioners  first  elected  under  the 
provisions  of  this  act  shall  commence  on  the  first  Tuesday  following  such  elec- 
tion, and  the  'term  of  office  of  all  succeeding  Commissioners  shall  commence 
on  the  third  Tuesday  of  May  next  ensuing  after  their  election,  at  twelve 
o'clock,  noon,  and,  upon  the  organizing  of  the  Commissioners  in  any  such  city 
elected  under  this  act,  the  City  Council  or  other  governing  body  or  bodies 
theretofore  acting  as  governing  body  or  bodies  in  such  city,  and  having  any 
other  function,  shall  be  ipso  facto  abolished,  and  the  terms  of  office  of  all 
councilmen  or  aldermen,  and  all  other  officers,  whether  elective  or  appointive, 
shall  immediately  cease  and  determine." 

The  Respondent  contends  that  the  provision  in  the  section  above  quoted 
that  the  Commissioners  shall  organize  at  noon  does  not  appiy  to  the  first 
organization,  and  "that  the  term  of  office  of  the  Commissioners  elected  in  At- 
lantic City  on  July  nth,  1912,  began  at  12:01  o'clock  A.  M.  on  July  16th. 
19 12,  and,  therefore,  that  the  former  mayor  had  no  power  to  fill  a  vacancy  in 
thte  Board  of  Education  at  10  o'clock  A.  M.,  on  said  July  16th. 

The  section  above  quo'ted  provides  "upon  the  organizing  of  the  Commis- 
sioners .  .  .  that  the  terms  of  office  of  all  councilmen  or  aldermen,  and 
all  other  officers,  whether  elective  or  appointive,  shall  immediately  cease  and 
determine." 

It  is  conceded  that  the  Commissioners  in  Atlantic  City  did  not  organize 
until  12  o'clock  noon  on  July  16th,  1912,  therefore,  the  term  of  office  of  the 
mayor  did  not  expire  until  that  hour.  Being  in  possession  of  the  office  ait 
10  o'clock  A.  M.,  on  that  date,  the  mayor  had  the  power  to  fill  a  vacancy  in 
the  Board  of  Education. 

The  Petitioner  contends  that  the  members  of  the  Board  of  Education  of 
Atlantic  City  upon  qualifying  as  provided  in  sections  41   and  42  of  the   School 

Law. 

August  20,  1912. 

[Decision  of  the  State   Board  of  Education.] 

Mr.  Murray  further  reported  as  follows  in  the  ma'tter  of  the  Appeal  of 
James  Bourne  vs.  Board  of  Education  of  Atlantic  City. 

"The  Committee  has  reviewed  this  case  and  recommends  that  the  decision 
of  the  Commissioner  of  Education  be  affirmed." 

On  motion,  duly  seconded,  it  was  unanimously  carried  'that  this  recom- 
mendation be  adopted. 

January  4,   1913- 


SCHOOL  LAW  DECISIONS.  277 

APPOINTMENT   OF    MEMBERS   OF   A   BOARD    OF    EDUCATION.      P.    L. 

1912,  CHAPTER  370. 

In  the  Matter  of  the  Application  of 
Wilson  Taylor  to  Review  Certain 
Proceedings  of  the  Mayor  of  the 
City  of  Hoboken,  and  of  Certain 
Persons  Assuming  to  Act  as  Mem- 
bers of  the  Board  of  Education  of 
the  City  of  Hoboken. 

Merritt  Lane,  for  the  Appellant. 
John  J.  Fallon,  for  the  Respondent. 

[Decision  of  the  Commissioner  of  Education.) 

The  points  to  be  decided  in  this  ma'tter  are : 

First — The  legality  of  the  appointment  by  the  Mayor  of  the  City  of  Ho- 
boken on  June  14th,  1912,  of  certain  persons  as  members  of  the  Board  of 
Education  of  said  city,  and 

Second — The  legality  of  the  election  of  the  President  of  said  Board  at  a 
meeting  held  June    17th,    1912. 

1.  Prior  to  January,  191 1,  the  Board  of  Education  of  the  City  of  Hobo- 
ken consisted  of  eight  members  appointed  by  the  mayor,  four  members  being 
appointed  each  year  for  a  term  of  two  years. 

In  January,  191 1,  the  mayor  failed  to  appoint  four  members  of  said  board 
in  place  of  those  whose  terms  had  expired,  but,  claiming  that  Chapter  233,  P. 
L.  191 1,  applied  to  the  City  of  Hoboken,  appointed,  in  accordance  with  the 
provisions  of  said  act,  nine  persons  as  members  of  the  Board  of  Education. 
The  members  so  appointed  organized  and  acted  as  the  Board  of  Education 
until  said  act  had  been  declared  by  the  Supreme  Court  to  be  unconstitutional. 
On  June  14th,  1912,  the  Mayor  appointed  four  persons  to  fill  the  vacancies  in 
the  Board  of  Education. 

Section  40  of  the  revised  School  Law,  passed  in  1903,  provided  'that,  until 
the  provisions  of  either  section  38  or  39  of  said  act  had  been  adopted  as  pre- 
scribed in  section  40,  the  members  of  the  Board  of  Education  should  be 
"selected,  elected  or  appointed  at  the  same  time  and  in  'the  same  manner, 
and  serve  for  the  same  terms  as  members  of  such  board  have  been  hereto- 
fore selected,  elected  or  appointed."  Prior  to  1903  the  members  of  the  Board 
of  Education  had  been  appointed  under  the  provisions  of  Chapter  49,  P.  L. 
1892.  In  making  the  appointments  on  June  14th,  the  Mayor  claimed  to  be 
acting  under  the  provisions  of  the  act  of  1892  as  authorized  by  section  40  of 
the  School   Law. 

Chapter  370,  P.  L.  1912,  approved  April  2nd,  provides  that  in  a  city  hav- 
ing a  population  of  forty-five  thousand  or  upwards  the  Board  of  Education 
shall  consist  of  nine  members  appointed  by  the  Mayor,  and  that  appointments 
shall  be  made  "between  the  second  and  fifteenth  days  of  January  in  each  year, 
and  terms  of  office  shall  begin  on  the  first  day  of  February  thereafter."  The 
act  further  provides  that  "every  member  of  a  Board  of  Education  in  a  school 
district   affected    by    this   supplement    shall    continue    to    serve    duiing    his    term 


27S  SCHOOL  LAW  DECISIONS. 

of  office  and  thereafter  until  the  first  day  of  February  then  next  ensuing 
.  .  .  first  appointments  under  this  employment  may  be  for  less  than  full 
terms  if  necessary,  it  being  the  intention  to  provide  hereby  that  when  this 
supplement  shall  take  effect  in  a  school  district  there  shall  be  an  immediate 
increase,  if  necessary,  to  five  or  nine  members  according  to  the  population  of 
the  school  district  as  above  provided.  .  .  .  Any  vacancy  in  such  Board 
of  Education  shall  be  forthwith  reported  to  the  Mayor  or  other  chief  execu- 
tive officer  who  shall,  within  thirty  days  thereafter,  appoint  a  person  to  fill 
such  vacancy  for  the  unexpired  term."  The  act  repealed  sections  38,  39,  40, 
46  and  241   of  the  School  Law  of  1903,  and  went  into  effect  immediately. 

Section  246  of  the  School  Law  provides  that  "all  school  districts  shall 
hereafter  be  governed  solely  by  the  provisions  of  this  act." 

The  repeal  of  sections  38,  39  and  40  left  Chapter  370  of  the  Laws  of 
1912,  as  the  sole  method  of  selecting  members  of  a  Board  of  Education  in  a 
city  school  district. 

The  date  on  which  Chapter  370,  above  referred  to,  becomes  effective  in 
a  city  came  before  me  recently  in  the  case  of  Bourne  vs.  The  Board  of  Edu- 
cation of  Atlantic  City.  I  decided  in  that  case  that  the  act  went  into  effect 
immediately  upon  its  approval  by  the  Governor.  To  adopt  any  other  inter- 
pretation would  nullify  the  provision  that  'the  act  should  take  effect  immedi- 
ately and  would  make  it  impossible  for  the  Mayor  to  fill  vacancies  caused  by 
death,  removal  from  the  city,  or  otherwise,  for,  as  before  stated,  it  is  the 
only  law  in  force  relating  to  the  appointment  of  members  of  a  Board  of 
Education.  This  interpretation  is  further  strengthened  by  the  fact  that,  as 
will  hereafter  appear,  the  Board  of  Education  of  Hoboken  would  be  without 
a  quorum  and  unable  to  transact  any  business  if  the  Mayor  can  not  fill  vacan- 
cies in  the  board  until  January  next. 

As  said  act  went  into  effect  April  2nd,  1912,  the  Mayor  of  the  City  of 
Hoboken  was  without  power  to  fill  vacancies  under  authority  of  Chapter  49 
of  the  Laws  of  1892. 

There  is  nothing  in  the  School  Law  nor  in  Chapter  49  of  the  Laws  of 
1892  which  extends,  until  his  successsor  has  been  appointed,  the  term  of  office 
of  a  member  of  a  board  of  education  whose  term  has  expired. 

The  Petitioner  contends  that  the  members  of  the  Board  of  Education  of 
Hoboken  whose  terms  expired  January  1st,  191 2,  were  extended  by  the  pro- 
visions of  "An  act  relating  to  officers  in  cities  who  now  hold  or  hereafter 
shall  hold  their  offices  for  a  fixed  period."     Chapter  43,  P.  L.   1881. 

The  Constitution  provides  that  "every  law  shall  embrace  but  one  subject, 
and  that  shall  be  expressed  in  the  title."  There  is  nothing  in  the  title  of  the 
act  of  188 1  to  show  that  it  relates  to  public  schools. 

The  Constitution  has  also  made  the  public  school  system  a  special  sub- 
ject for  legislation.  The  boundaries  of  a  school  district  are  co-extensive  with 
those  of  the  municipality  in  which  it  is  situate,  but  the  school  district  is  a 
separate  and  distinct  municipal  corporation  and  the  members  of  the  Board 
of  Education  are  not  city  officers.  Chapter  43  of  the  Laws  of  1881  is  not, 
therefore,  applicable  to  members  of  a  Board  of  Education.  Until  the  vacan- 
cies are  filled  in  the  manner  provided  by  law  the  Board  of  Education  has  but 
four  members  and  is  without  a  quorum. 

2.  At  a  meeting  held  June  17th,  1912,  there  were  present  eight  persons 
acting  as  members  of  the  Board  of  Education  of  the  City  of  Hoboken.  At 
that  meeting  an  attempt  was  made  to  elect  a  president.  George  W.  Lanker- 
ing    received    four    votes,    Wilson    Taylor    received    three    votes,    and    John    H. 


SCHOOL  LAW  DECISIONS.  279 

Sheridan  received  one  vote.  Mr.  Lankering  was  declared  elected.  A  majority 
vote  is  necessary  to  elect  an  officer  of  a  board.  A  plurality  vote  is  not  suf- 
ficient. 

The  Respondents  have  attempted  to  raise  the  question  as  to  the  status 
of  the  Petitioner  in  the  Board  of  Education.  The  right  of  a  person  to  an 
office  cannot  be  raised  collaterally,  and  this  question  is  not,  therefore,  properly 
before  me. 

August  22,  1912. 

POWERS  OF  A  COMMITTEE  OF  A  BOARD  OF  EDUCATION. 

In  the  Matter  of  the  Application  of 
Wilson  Taylor,  a  Citizen  and  Tax- 
payer of  the  City  of  Hoboken,  to  Set 
Aside  Certain  Resolutions  Passed 
by  a  Body  Assuming  to  Act  as  a 
Board  of  Education  of  the  City  of 
Hoboken,  Hudson  County,  New  Jer- 
sey. 

Merritt  Lane,  for  the  Appellant. 
John  J.  Fallon,  for  the  Respondent. 

[Decision  of  the  Commissioner  of  Education.] 

At  a  meeting  of  the  Board  of  Education  held  June  17th,  1912,  the  fol- 
lowing resolution  was  adopted: 

"RESOLVED,  That  the  President  appoint  a  committee  of  three  to  whom 
shall  be  referred  the  bids  which  may  be  submitted  at  this  meeting ;  said  com- 
mittee to  report  thereon  at  next  regular  meeting,  and  said  committee,  until 
otherwise  ordered,  shall  transact  all  other  business  in  the  supervision  of  school 
affairs." 

The  Petitioner  asks  that  his  resolution  be  set  aside. 

The  resolution  is  clearly  illegal.  It  attempts  to  confer  upon  a  committee 
power  to  transact  all  the  business  of  the  board.  Such  power  can  not  be  dele- 
gated to  a  committee. 

The  Petitioner  also  asks  that  the  election  of  George  W.  Lankering  as  presi- 
dent of  the  board  be  set  aside. 

This  question  has  been  decided  in  the  "Matter  of  the  application  of  Wil- 
son Taylor  to  review  certain  proceedings  of  the  Mayor  of  the  City  of  Ho- 
boken, and  of  persons  assuming  to  act  as  members  of  the  Board  of  Education 
of  the  City  of  Hoboken,"  decided  this  day. 

August  22,    1912. 


280  SCHOOL  LAW  DECISIONS. 

POWERS  OF  A  COMMITTEE  OF  A  BOARD  OF  EDUCATION. 

In  the  Matter  of  the  Application  of 
Wilson  Taylor,  a  Citizen  and  Tax- 
payer of  the  City  of  Hoboken,  and  a 
Member  of  the  Board  of  Education 
of  the  City  of  Hoboken,  to  Set  Aside 
Certain  Resolutions  Passed  by  a 
Body  Assuming  to  Act  as  a  Board 
of  Education  of  the  City  of  Ho- 
boken. 

Merritt   Lane,    for   the   Appellant. 
John  J.   Fallon,  for  the   Respondent. 

[Decision  of  the  Commissioner  of  Education.) 

At  a  meeting  of  the  Board  of  Education  of  the  City  of  Hoboken,  held 
June  24th,  1012,  the  following  resolution  was  adopted: 

"RESOLVED,  That  the  president  appoint  a  committee  of  three,  to  be 
known  as  the  Committee  on  Schools,  to  which  committee  the  president  of 
the  Board  of  Education,  until  otherwise  directed,  may  refer  for  examination 
and  consideration  matters  concerning  schools  and  school  affairs ;  and,  in  con- 
junction with  the  president,  shall  have  the  power  to  act  summarily  in  the 
interest  of  the  public  schools  in  cases  of  emergency.  Said  committee  to  report 
to  the  Board  at  its  regular  meetings." 

This  resolution  gives  to  a  committee  the  power  to  act  summarily  in  case 
of  emergency,  and  leaves  to  the  committee,  or  the  president,  the  right  to  decide 
as  to  the  emergency.  It  is  true  that  the  resolution  directs  the  committee  to 
report  to  the  board,  but  there  is  nothing  to  show  that  the  action  of  the  com- 
mittee is  not  final,  or  that  the  report  to  the  board  is  for  any  purpose  except 
as  a  matter  of  information.  In  certain  matters  a  vote  of  a  majority  of  all 
the  members  of  a  Board  of  Education  is  required,  and  in  all  other  matters, 
the  vote  of  a  majority  of  a  quorum  is  necessary.  All  business  must  be  trans- 
acted in  open  meetings  of  the  Board,  regularly  called.  A  committee  can  only 
consider  matters  referred  to  it  and  report  its  conclusions  thereon  to  the  board. 
The  resolution  under  consideration  attempts  to  give  to  a  committee  full  power 
to    act   in    certain    cases    aud    is.    therefore,    illegal. 

August  22,    1 9 12. 


SCHOOL  LAW  DECISIONS.  281 

THE  CALLING  OF  A  MEETING  OF  THE  LEGAL  VOTERS  OF  A  SCHOOL 

DISTRICT    UPON    PETITION,    CHAPTER    i,    SPECIAL 

SESSION   1903,  SECTION  86.   PARAGRAPH  X. 

Mark    Stoltz 

vs. 

Appellant, 

Board  of  Education   of   Warren   Town- 
ship, 

Respondent. 

Alvah  A.  Clark,  for  the  Appellant. 

Hon.    S.    S.    Swackhamer,    for   the    Respondent. 

[Decision  of  the  Commissioner  of  Education.] 

On  April  22nd,  19 12,  the  legal  voters  of  the  School  District  of  Warren 
Township,  Somerset  County,  authorized  the  Board  of  Education  of  said  dis- 
trict to  purchase  or  take  and  condemn,  for  school  purposes  a  certain  plot  of 
land,  being  a  portion  of  the  property  of  the  Petitioner.  The  Petitioner  refused 
to  sell  said  plot,  and  on  or  about  June  14th,  191 2,  before  said  plot  had  been 
condemned,  a  petition,  signed  by  at  least  fifty  of  the  legal  voters  of  the  dis- 
trict, was  presented  to  the  Board  of  Education  requesting  it  to  call  a  meeting 
of  the  legal  voters,  and  to  submit  at  said  meeting  the  question  or  rescinding 
the  resolution  adopted  April  22nd,  authorizing  the  Board  of  Education  to 
purchase  or  take  and  condemn  the  plot  selected  at  said  meeting.  The  Board 
of  Education  has  refused  to   call   the  meeting  as   requested  by  said   petition. 

Paragraph  X  of  Section  86  of  the  School  Law,  provides  that  the  Board 
of  Education  shall  have  power  "to  call  a  special  meeting  of  the  legal  voters 
of  the  district  at  any  time  when  in  its  judgment  the  interests  of  the  school 
require  it,  or  whenever  fifty  of  such  legal  voters  shall  request  it  by  petition 
so  to  do.  In  the  notices  of  any  special  meeting  called  upon  petition  as  afore- 
said, shall  be  inserted  the  purposes  named  in  said  petition  so  far  as  the  same 
are  not  in  conflict  with  the  provisions  of  this  act." 

If  the  purpose  named  in  the  petition  is  not  in  conflict  with  any  provision 
of  the  School  Law  the  Board  of  Education  must  call  a  meeting  of  the  legal 
voters.  To  hold  that  it  rested  in  the  discretion  of  the  board  whether  or  not 
the  meeting  should  be  called  would  defeat  the  purpose  of  this  provision  of  the 
act.  It  remains,  therefore,  to  be  considered  whether  the  purpose  named  in 
the  petition  was  in  conflict  with  the  School  Law. 

There  is  nothing  in  the  law  which  authorizes  or  prohibits  calling  a  meet- 
ing for  the  purpose  of  rescinding  action  previously  taken.  The  right  exists, 
therefore,  under  the  general  power  to  call  a  meeting  when  the  interests  of 
the  schools  require  it.  The  Respondent  contends  that  "  the  will  of  the  ma- 
jority expressed  in  an  election,  if  legally  expressed,  is  supreme,  absolute  and 
final,  when  the  object  sought  is  secured  by  the  vote."  It  is  admitted,  of  course, 
that  a  meeting  may  be  called  to  vote  on  a  proposition  which  had  been  de- 
feated at  a  previous  meeting  for  the  courts  have  so  held  in  numerous  cases, 
but  it  is  denied  that  the  people  have  the  right  to  reconsider  their  action  if 
the   vote   was   in    the    affirmative. 


282  SCHOOL  LAW  DECISIONS. 

I  am  unable  to  perceive  that  the  will  of  the  majority  is  any  less  "supreme, 
absolute  and  final"  when  it  has  secured  the  defeat  of  a  proposition  to  pur- 
chase a  certain  plot  of  land,  than  when  the  vote  has  been  in  favor  of  the  proposi- 
tion. The  method  of  recording  the  will  of  the  people  in  either  case  is  exactly 
the  same.  The  Respondent  erred  in  refusing  to  call  the  meeting  as  requested 
by  the  petition. 

The  Respondent  denies  the  jurisdiction  of  the  Commissioner  of  Educa- 
tion in  a  dispute  arising  over  an  election  held  under  the  School  Law. 

Section  10  of  the  School  Law,  (Special  Session  1903)  provides  that  the 
"Commissioner  of  Education  shall  decide,  subject  to  appeal  to  the  State  Board 
of  Education,  and  without  cost  to  the  parties,  all  controversies  and  disputes 
that  shall  arise  under  the  school  laws,"  and  Section  5,  Paragraph  VI  of  Chap- 
ter 231,  P.  L.  191 1,  directs  that  the  commissioner  shall  designate  one  of  his 
assistants  to  hear  such  controversies  and  disputes.  The  language  of  Section  io, 
above  quoted,  is  very  explicit,  and  all  disputes  under  the  School  Law  are  with- 
in the  jurisdiction  of  the  Commissioner  of  Education. 

The  right  of  a  Board  of  Education  to  refuse  to  call  a  meeting  of  the 
legal  voters  when  petitioned  so  to  do  is  certainly  "a  controversy  or  dispute'* 
arising   under  the   school   laws. 

The  Supreme  Court  has  held  in  the  cases  of  Buren  vs.  Albertson,  25  Vr., 
72,  and  DuFour  vs.  State  Superintendent,  43  Vr.,  371,  that  the  State  Superin- 
tendent was  authorized  by  law  to  decide  disputes  and  controversies  as  to  the 
election  of  members  of  Boards  of  Education.  The  method  of  conducting  an 
election  for  members  of  a  Board  of  Education  is  the  same  as  that  used  at  a  meet- 
ing to  vote  moneys  for  school  purposes.  It  can  not  be  successfully  contended 
that  the  Commissioner  of  Education  has  power  in  one  case  and  not  in  the 
other. 

The  Respondent  must  act  on  the  petition  presented  to  it  and  call  a  meet- 
ing of  the  legal  voters  and  insert  in  the  notices  calling  such  meeting  the  proposi- 
tions  stated    in    the    petition. 

August   23,   1912. 

TENURE   OF   SERVICE   OF  TEACHERS 

Mary   K.   Blackus 

Appellant, 
vs. 
The    Board    ok    Education    of    Delaware 
Township, 

Respondent. 

William  W.  Still,  for  the  Appellant. 
William   Early,  for  the  Respondent. 

[Decision  of  the  Commissioner  of  Education.] 

The  Appellant  has  been  a  teacher  in  a  school  under  the  control  of  the 
Respondent  for  over  three  years,  and  is,  therefore,  protected  by  Chapter  243, 
P.   L.    1909. 

Charges  of  incompetency,  inefficiency  and  insubordination  were  brought 
against    her    as    provided    in    said    act. 


SCHOOL  LAW  DECISIONS.  283 

After  a  hearing  by  the  Board  of  Education  she  was  found  guilty  of  insub- 
ordination in  that  she  failed  to  open  her  school  at  the  proper  time,  being  late 
many  mornings.  The  evidence  shows  that  Mrs.  Blackus  has  repeatedly  been 
late  in  opening  school  during  the  past  two  years,  that  she  was  warned  several 
times  by  members  of  the  Board  of  Education,  and  that  notwithstanding  such 
warnings  she  was  late  several  times  during  the  last  two  or  three  months  the 
school    was   in   session. 

A  teacher  should,  by  example  as  well  as  precept,  impress  upon  the  pupils 
the  necessity  of  being  punctual.  In  nearly  all  schools  it  is  the  practice  to  dis- 
cipline pupils  who  are  habitually  tardy,  and  a  Board  of  Education  is  well  within 
its  rights  when  it  refuses  to  retain  in  its  employ  a  teacher  who  is  guilty  of  the 
same  offence. 

The  appeal  is  dismissed. 

September  9,    191 2. 

CONTRACTS— CHAPTER    1,    SPECIAL    SESSION    1903.    SECTION    S3- 

Wallace  D.  Patterson, 

Appellant, 
vs. 
Board    of     Education     of     the     City     of 
Hoboken, 

Respondent. 

James  A.  Gordon,  for  the  Appellant. 
John  J.  Fallon,  for  the  Respondent. 

[Decision  of  the  Commissioner  of  Education.) 

The  Board  of  Education  of  the  City  of  Hoboken  received  and  opened  bids 
for  coal  and  wood  on  July  17th,  191 1.  The  Appellant  was  the  lowest  bidder, 
but  the  Board  rejected  all  the  bids,  and,  later,  re-advertised  for  bids,  and  on 
November  20th,  191 1,  awarded  the  contract  for  coal  and  wood  to  W.  L.  Kamena. 
The  Petitioner  appeals  from  the  action  of  the  Respondent  in  rejecting  his 
bid. 

It  is  contended  on  behalf  of  the  Respondent  that  the  bid  of  the  Appellant 
was  irregular. 

First.     Because  he  did  not  submit  a  sample  of  the  coal  to  be  furnished. 

Second.     Because  he  did  not  agree  to  bear  the  cost  of  weighing  the  coal. 

Third.     Because  he  did  not  submit  a  bid  for  furnishing  wood. 

The  Appellant  and  Respondent  do  not  agree  in  the  identification  of  the 
specifications  on  which  the  bids  submitted  July  17th,  were  based. 

Mr.  Clayton  and  Mr.  Sheridan  testified  that  the  specifications  marked 
"R  1"  were  the  specifications  on  which  the  bids  of  July  17th  were  based  and 
that  the  specifications  marked  "A  28"  were  the  specifications  on  which  the  bids 
of  November  20th  were  based.  The  testimony  of  Mr.  Patterson,  Miss  Beav- 
ers and  Mr.  Decker  is  that  the  specifications  marked  "G.  W.  B.  2,"  which  are 
identical  with  "A  28"  were  those  prepared  for  July  17th,  and  those  marked 
"G.  W.  B.  1,"  which  are  identical  with  "R  1"  were  those  prepared  for  No- 
vember 20th. 


284  SCHOOL  LAW  DECISIONS. 

The  testimony  of  Mr.  Patterson  is  supported  by  the  fact  that  the  copy 
of  the  specifications  attached  to  the  answer  of  the  Respondent  is  the  same 
as  the  copy  marked  "A  28;"  also  by  the  fact  that  the  bids  of  Patterson  and 
Kamena  both  comply  with  the  requirements  of  the  specifications  marked  "A 
28."  These  specifications  provide  that  the  bidder  "shall  specify  the  percent- 
age of  moisture  and  ash  contained  in  the  coal  upon  which  the  bid  is  based." 

The  bid  of  Mr.  Kamena  states  that  the  egg  coal  he  proposed  to  furnish 
"would  run  in  ash  from  eight  to  twelve  per  cent.,  stove  from  ten  to  fourteen 
per  cent.,  and  chestnut  from  twelve  to  sixteen  per  cent."  Also  that  "the  mois- 
ture will  not  exceed  four  per  cent." 

The  bid  of  Mr.  Patterson  also  gives  the  per  cent,  of  moisture  and  ash  in 
each  size  of  coal.  The  specifications  marked  "R  1"  provide  for  testing  sample 
of  coal  taken  from  each  delivery,  and  the  method  of  making  the  test  The 
bid  of  Mr.  Kamena  of  November  20th  contains  no  reference  whatever  to  the 
percentage  of  moisture  and  ash. 

I  am  of  the  opinion  that  Mr.  Patterson  was  correct  in  his  identification 
of  the   specifications  on   which  he  based   his  bid  of  July    17th. 

The  specifications  for  the  bids  of  July  17th  do  not  require  that  a  sample  of 
the  coal  proposed  to  be  furnished  shall  be  submitted  with  the  bid.  This  dis- 
poses of  the  first  objection  made  to  the  bid  of  Mr.   Patterson. 

Second.  The  advertisements  for  proposals  for  coal  in  1909  provide  that 
"a  weighmaster's  certificate  must  accompany  each  load  to  be  furnished  by  the 
contractor  at  his  expense."  The  advertisement  in  1910  contains  the  same  provi- 
sion in  slightly  different  language. 

The  specifications  for  July  17th,  191 1,  provide  that  "Portable  scales  shall 
be  furnished  by  the  Board  of  Education.  The  contractor  shall  convey  said 
scales  to  and  from  the  points  directed,  and  shall  maintain  them  in  perfect  con- 
dition while  they  are  in  his  custody.  Coal  shall  be  weighed  at  the  point  of 
delivery ;  the  weight  in  each  instance  shall  be  taken  by  the  authorized  representa- 
tive of  the  Board  of   Education." 

The  intent  of  this  provision  in  the  specifications  of  191 1  is  not  entirely 
clear,  but  the  omission  of  the  direct  provision  contained  in  the  advertisements 
of  1909  and  1910,  I  think,  justified  Mr.  Patterson  in  assuming  that  the  con- 
tractor would  not  be  required  to  pay  to  the  representative  of  the  Board  of 
Education  the  cost  of  weighing  the  coal. 

Third.  The  advertisements  for  bids  for  furnishing  wood  were  identical  in 
1909,    1910,   and   1911. 

The  bid  submitted  by  Mr.  Patterson  in  1909  was  for  coal,  and  made  no 
mention  of  wood.  The  contract  for  coal  alone  was  awarded  to  him  in  1909. 
There  is  nothing  in  the  advertisement  of  191 1  which  would  lead  him  to  believe 
that  the  conditions  had  been  changed,  and  that  the  bidder  must  bid  on  both 
coal  and  wood. 

Section  53  of  Chapter  1    P.  L.   1903    (Special   Session)   reads  as  follows: 

"53-  No  bid  for  building  or  repairing  school  houses  or  for  supplies  shall 
be  accepted  which  does  not  conform  to  the  specifications  furnished  therefor, 
and  all  contracts  shall  be  awarded  to  the  lowest  responsible  bidder." 

No  question  has  been  raised  as  to  the  responsibility  of  Mr.  Patterson,  and 
1  am  of  the  opinion  that  his  bid  did  conform  to  the  specifications.  The  Re- 
spondent erred  in  rejecting  his  bid.  The  contract  should  have  been  awarded 
to  him. 

September    12,    1912. 


SCHOOL  LAW  DECISIONS.  285 

TENURE   OF   SERVICE   OF   TEACHERS. 

Parthenia  Johnson, 

Appellant, 
vs. 
Board   of    Education    of    Stafford    Town- 
Ship, 

Respondent. 
William  I.  Garrison,  for  the  Appellant. 
The  Respondent,  pro  se. 

[Decision   of  the  Commissioner  of   Education.] 

The  Appellant  was  a  teacher  in  Stafford  Township,  and  was  subject  to 
the  provisions  of  Chapter  243,  P.  L.  1909,  commonly  known  as  the  "Teachers' 
Tenure  of   Service  Act." 

Charges  were  preferred  against  her  of  conduct  unbecoming  a  teacher  in 
that  she,  "previous  and  during  the  sixth  and  seventh  grade  examinations  drilled 
her  pupils  in  that  examination,  giving  them  the  questions  in  that  examination,  and 
giving  them  the  answers  to  those  questions." 

After  a  hearing  the  Board  of  Education  found  the  Appellant  guilty  and 
discharged    her    from    its    employ. 

There  is  no  evidence  to  show  that  Mrs.  Johnson  had  previous  to  the  examina- 
tion, had  possession  of  a  copy  of  any  of  the  questions  to  be  used  at  said 
examination,  or  that  she  had  ever  seen  them.  Mrs.  Johnson  testified  that  she 
had  never  seen  the  questions  prior  to  the  examination.  Twice  during  the  hear- 
ing before  the  Board  of  Education,  when  an  attempt  was  made  to  ascretain 
if  she  had  had  copies  of  the  questions,  members  of  the  Board  objected  on  the 
ground  that  the  charges  did  not  contain  any  allegations  that  she  had  had  the 
questions. 

Mr.  Steelman,  who  had  charge  of  examinations  stated  that  he  received  the 
questions  from  the  County  Superintendent  in  a  sealed  envelope,  and  that  the  seal 
was  not  broken   until   the   examination   began. 

The  whole  case  rests  on  the  fact  that  in  reviewing  the  pupils  in  the  sixth 
and  seventh  grades  Mrs.  Johnson  used  questions,  in  some  cases,  identical  with, 
and   in   others,    similar   to   those   used   at   the   County    Examination. 

In  the  absence  of  any  proof  that  Mrs.  Johnson  had  had  access  to  the  ques- 
tions prior  to  their  being  used  at  the  examination  the  Board  erred  in  finding  Mrs. 
Johnson  guilty  as  charged.  The  appeal  is  sustained  and  it  is  hereby  ordered 
that    the    Board    of    Education    of    Stafford    Township    reinstate    Mrs.    Johnson. 

September   17,    1912. 


286  SCHOOL  LAW  DECISIONS. 

MEETINGS  OF  THE   LEGAL   VOTERS   OF   A   SCHOOL   DISTRICT. 

Richard  S.   Hartpence 

Appellant, 
vs. 

Board  of   Education   of  Kingwood  Town- 
ship, 

Respondent. 

Richard  S.  Hartpence,  pro  se. 
Harry  J.  Abel,  for  the  Respondent. 

[Decision  of  the  Commissioner  of  Education.] 


A  meeting  of  the  legal  voters  of  the  school  district  of  the  Township  of 
Kingwood  was  held  April  18,  191 1,  and  at  said  meeting  the  Board  of  Education 
was  authorized  to  purchase  a  certain  plot  of  ground  at  a  cost  not  to  exceed 
the  sum  of  $150,  and  to  erect  thereon  a  school  house  at  a  cost  not  to  exceed 
the  sum  of  $1,350.  It  was  also  ordered  at  said  meeting  that  the  money  neces- 
sary to  purchase  said  land  and  to  erect  said  school  house  be  "raised  by  Town- 
ship Tax." 

In  accordance  with  the  action  of  the  legal  voters  the  $1,500  ordered  to 
be  raised  was  assessed  and  collected  and  paid  to  the  custodian  of  the  school 
moneys  of  the  district. 

The  Board  of  Education  finding  it  impossible  to  purchase  the  plot  selected  at 
the  district  meeting  of  April  18th,  called  another  district  meeting  which  was 
held   on    June    30th,    191 1. 

At  the  meeting  of  April  18th,  three  plots  had  been  submitted  to  the  vote  of 
the  people,  and  at  the  meeting  held  June  30th  two  plots  were  submitted,  one 
of  said  plots  being  one  of  those  rejected  at  the  meeting  of  April  18th,  and  the 
other  an  entirely  new  plot,  and  the  Board  of  Education  was  authorized  to 
purchase  one  of  said  plots  at  a  cost  not  to  exceed  the  sum  of  $140,  and  to 
erect  thereon  a  school  house  at  a  cost  not  to  exceed  the  sum  of  $1,350.  The 
District  Clerk  did  not  notify  the  Assessor  and  Collector  of  the  action  taken  at 
the  meeting  of  June  30th,  and  the  only  tax  assessed  and  collected  for  the 
purchase  of  land  and  the  erection  of  a  school  house  was  the  tax  ordered  at  the 
meeting   of   April    18th. 

Subsequently  the  Board  of  Education  purchased  the  plot  selected  at  the 
meeting  of  June  30th,  and  paid  for  the  same  from  the  proceeds  of  the  tax 
ordered  at  the  meeting  of  April   18th. 

The  Appellant   claims : 

1  st.  That  the  meeting  of  June  30th  was  not  legally  called  for  the  reason 
that  the  notices  calling  said  meeting  were  prepared  by  a  committee  and  not  by 
the  board  in  regular  session ;  that  the  District  Clerk  did  not  personally  post 
all  the  notices,  and  that  there  is  no  proof  that  the  notices  were  posted  the 
time    required    by    law. 

2nd.  The  Appellant  also  claims  that  the  ballots  used  were  illegal,  because 
they   do   not   conform   to    the   statute. 


SCHOOL  LAW  DECISIONS.  287 

(b)  Because  they  state  the  money  is  to  be  raised  by  "township  tax,"  in- 
stead  of   by    "district   tax." 

(c)  Because  they  do  not  state  the  purpose  for  which  the  money  was  to 
be  raised. 

3.  Also  thit  the  Board  of  Education  could  not  legally  use  the  money  ap- 
propriated at  the  meeting  of  April  18th  for  the  purchase  of  a  certain  plot  for  the 
purchase  of  another  plot   selected  at  the  meeting  of  June  30th. 

The  District  Clerk  testified  that  "he  prepared  the  notices  for  the  meeting 
of  June  30th  after  the  adjournment  of  the  meeting  of  the  board  on  June  16th, 
and  in  accordance  with  the  direction  of  the  board.  The  evidence  also  shows 
that  a  no'tice  was  posted  on  each  of  the  eight  school  houses  in  the  district, 
and  that  they  were  posted  on  the  19th  and  20th  of  June. 

The  District  Clerk  did  not  personally  post  all  the  notices,  but  he  testified 
that  they  were  posted  by  the  other  members  of  the  board  at  his  request,  and 
the  other  members  of  the  board  testified  that  they  posted  the  notices  on  the 
school  houses  near  their  homes. 

The  law  requires  that  the  District  Clerk  shall  post  a  notice  on  each  school 
house  in  the  district,  and  at  such  other  places  as  the  Board  of  Education 
shall  direct,  and  that  at  least  seven  notices  shall  be  posted  not  less  than 
ten  days  prior  to  the  meeting. 

The  meeting  of  June  30th  was  called  for  one  P.  M.  The  Appellant  claims 
that  because  some  of  the  notices  were  not  posted  until  after  one  o'clock  on 
June  20th  the  notices  were  not  posted  the  ten  days  required  by  the  statute. 
The  law  does  not  recognize  parts  of  days,  and,  a  notice  posted  at  any  time 
on  June  20th  was  a  legal  notice. 

I  am  of  the  opinion  that  the  notices  were  posted  in  substantial  compli- 
ance with  law,  and  'that  the  failure  of  the  District  Clerk  personally  to  post 
them  did  not  make  the  meeting  of  June  30th  illegal. 

The  law  does  not  specify  the  kind  of  ballot  which  shall  be  used  at  a 
school  meeting.  Any  ballot,  therefore,  which  expresses  the  intent  of  the 
voter  is  a  legal  ballot. 

I  am  of  the  opinion  that  the  ballots  used  at  the  district  meetings  of  April 
18th  and  June  30th  clearly  express  the  intent  of  the  voters  -to  purchase  a  lot, 
erect  a  school  house  thereon,  fix  the  amount  of  the  appropriation  for  each  pur- 
pose, and  determine  the  method  by  which  the  money  shall  be  raised.  It  is 
true  that  the  ballots  read,  "Resolved,  That  money  be  raised  by  Township  Tax 
to  pay  expense  of  the  same" ;  using  the  term  "Township  Tax"  instead  of  "Dis- 
trict Tax."  As  •the  school  district  comprised  but  one  township,  and  as  the 
amount  to  be  raised  was  to  be  assessed  on  all  the  taxable  property  in  the 
township,  I  am  of  the  opinion  that  the  use  of  the  term  "Township  Tax"  did 
not  render  "the  tax  illegal. 

The  fact  that  one  of  the  plots  submitted  at  the  meeting  of  June  30th  was 
the  same  as  one  submitted  at  the  meeting  of  April  iSth,  also  that  but  one 
school  building  is  needed  in  the  part  of  the  township  in  which  the  plots  se- 
lected are  situate,  shows  that  all  that  the  voters  intended  to  do,  by  their  action 
at  the  meeting  of  June  30th  was  to  substitute  a  plot  on  which  to  erect  a  school 
house  for  the  plot  selected  at  the  meeting  of  April   18th. 

Thsre  is,  however,  no  resolution  on  the  ballots  used  on  June  30th,  direct- 
ing that  the  money  appropriated  for  the  purchase  of  land  at  the  meeting  of 
April  1 8th  should  be  used  for  the  purchase  of  the  plot  selected  at  the  meeting 
of  June  30th. 


288  SCHOOL  LAW  DECISIONS. 

Moneys  appropriated  for  a  specific  purpose  cannot  be  used  for  any  other 
purpose  without  the  consent  of  the  appropriating  power.  The  action  of  the 
Board  of  Education,  therefore,  in  using  the  money  appropriated  at  the  meeting 
of  April  18th  for  the  purchase  of  a  plot  of  ground  selected  at  said  meeting 
to  purchase  the  plot  selected  at  the  meeting  of  June  30th  was  illegal. 

The  moneys  appropriated  at  the  meeting  of  April  18th  for  the  purchase 
of  land  and  the  erection  of  a  school  house  cannot  legally  be  used  for  any  other 
purpose  until  the  legal  voters  at  a  regularly  called  district  meeting  have  author- 
ized the  transfer. 

November    1,    1912. 

[Decision  of  the  State  Board  of  Education.) 

This  is  an  appeal  from  a  decision  of  the  Commissioner  of  Education  in 
so  far  as  it  sustains  the  validity  of  a  meeting  of  the  voters  of  the  School 
District  of  the  Township  of  Kingwood  held  on  the  30th  day  of  June,    191 1. 

We  have  examined  the  record  on  appeal  and  the  briefs  submitted  in 
behalf  of  the  parties.  We  also  notified  the  parties  we  would  hear  oral  argu- 
ment. At  the  time  and  place  specified  in  the  notice,  the  Respondent  appeared 
by  counsel,  but  no  one  appeared  for  the  Appellant.  The  only  point  seriously 
urged  in  behalf  of  the  Appellant  is  that  all  seven  notices  of  the  meeting  were 
not  posted  at  least  ten  days  prior  to  June  30th,  the  day  specified.  Some  of  the 
notices  were  posted  on  June  19th  and  others  on  June  20th.  The  meeting  was 
called  for  1.00  P.  M.  on  June  30th  and  as  several  of  the  notices  were  not 
posted  until  after  1.00  P.  M.  on  the  20th,  the  Appellant  urges  that  legal  notice 
of  the  meeting  was  not  given.  It  is  usual  in  the  computation  of  the  time  of 
a  notice  either  to  include  the  first  day  and  exclude  the  day  on  which  the  event 
is  to  take  place,  or  to  include  the  latter  and  exclude  the  former.  Whichever 
rule  is  applied,  it  is  evident  that  ten  days'  notice  was  given.  The  Appellant, 
however,  insists  that  there  must  be  full  ten  days'  notice,  and  that  it  is  not 
sufficient  that  the  notice  should  have  been  nine  days  and  a  fraction.  In  the 
computation  of  time  the  law  does  not  as  a  general  rule  recognize  fractions  of 
a  day.  It  is  true  that  the  rule  is  a  mere  legal  fiction  and  its  operation  is  not 
allowed  to  work  manifest  wrong.  We  are  not  convinced,  however,  that  its 
application  in  this  case  will  work  any  injustice.  On  the  contrary,  to  disregard 
the  rule  would  thwart  the  will  of  the  voters  and  cause  them  unnecessary  annoy- 
ance, delay  and  expense. 

The  decision  of  the  Commissioner  is  affirmed. 

March  1,  1913. 

TENURE  OF  SERVICE  OF  TEACHERS. 

Walter  G.  Davis, 

Appellant, 
vs. 
Board    of    Education    of    the    Township 

OF   OvERPECK, 

Respondent. 

John  Scott   Davison,  for  the  Appellant. 
William  J.  Morrison,  for  the  Respondent. 


SCHOOL  LAW  DECISIONS.  289 

[Decision  of   the   Commissioner  of   Education.) 

From  the  "Agreed  State  of  Facts"  it  appears  that  the  Appellant  was 
continuously  in  the  employ  of  the  Respondent  from  1906  to  the  end  of  the 
school  year  in  1912;  that  from  September,  1906,  to  June,  1909,  he  was  a 
teacher  in  the  High  School,  and  from  September,  1909,  to  June,  19 12,  was 
principal  of  the  High  School,  and  that  his  salary  for  the  school  year  of  191 1- 
1912  was  $1,200.  It  also  appears  that  in  August,  1912,  the  Respondent  for- 
warded to  the  Appellant  for  his  signature  a  contract  for  the  school  year  of 
1912-13,  at  a  salary  of  $1,200.  Said  contract  does  not  specify  the  position 
to  which  the  Appellant  had  been  assigned,  and  it  appears  that  when  he 
reported  for  duty  on  the  opening  of  the  schools  in  September,  1912,  the  per- 
son who  had  been  appointed  to  succeed  him  as  principal,  assigned  him  to  teach 
the  eighth  grade  in  School  No.   1,  which  assignment  the  Appellant  declined. 

Chapter  243,  P.  L.  1909,  provides  that  "the  service  of  all  teachers,  princi- 
pals, supervising  principals  of  the  public  schools  in  any  school  district  of  this 
State  shall  be  during  good  behavior  and  efficiency,  after  the  expiration  ot  a 
period  of  employment  of  three  consecutive  years  in  the  district  .  .  .  No 
principal  or  teacher  shall  be  dismissed  or  subjected  to  a  reduction  of  salary 
in  said  district  except  for  inefficiency,  incapacity,  conduct  unbecoming  a  teacher 
or  other  just  cause." 

It  is  claimed  by  the  Appellant  that  the  recommendation  of  the  committee 
adopted  by  the  Respondent  at  the  meeting  held  May  17th,  1912,  was  a  dismissal 
and,  therefore,  in  violation  of  the  Teachers'  Tenure  of  Service  Act,  above 
quoted,  no  charges  having  been  preferred   against  him   as   required  by   said  act. 

This  recommendation   reads  as  follows : 

"The  Committee  on  School  Government  recommends  that  Walter  G. 
Davis  be  not  re-employed  as  principal  of  and  instructor  in  the  High  School 
of  Overpeck  Township  for  the  coming  year,  it  being  our  conviction  that  the 
best  interests  of  the  schools  would  be  served  by  dispensing  with   his   services." 

Taken  alone,  this  action,  in  the  absence  of  any  charges  or  hearing,  would 
undoubtedly  be  a  violation  of  the  Tenure  of  Service  Act,  but  taken  in  connec- 
tion with  the  fact  that  the  Respondent  tendered  him  a  contract  for  the  ensuing 
year  is  evidence  that  all  that  was  intended  was  to  relieve  him  of  his  duties 
as  principal  of  the  high  school,  and  that  the  "dispensing  with  his  services" 
applied  only  to  his  position  as  principal,  and  that  it  was  not  the  intention  of 
the  Respondent  to  dismiss  the  Appellant  from  its  employ. 

The  Tenure  of  Service  Act  prohibits  a  Board  of  Education  from  dismissing 
a  teacher,  except  in  the  manner  provided  in  the  act,  but  makes  no  reference 
to  the  transfer  of  a  principal  or  teacher  to  another  position. 

The  counsel  for  the  Appellant  admits  that  a  person  protected  by  the 
Tenure  of  Service  Act  may  be  transferred  from  one  position  to  another ;  pro- 
vided such  transfer  is  made  by  the  vote  of  a  majority  of  all  the  members 
of  the  Board  of  Education.  In  the  absence  of  proof  to  the  contrary,  it  must 
be  assumed  that  the  transfer  of  the  Appellant  to  the  eighth  grade  in  School 
No.  1  was  legally  made. 

The  counsel  for  the  Respondent  argued  that  the  positions  of  principal  and 
teacher  are  separate  and  distinct,  and,  therefore,  the  Appellant  was  not  pro- 
tected by  the  Tenure  of  Service  Act  for  the  reason  that  he  had  held  the 
position   of  principal  only  for  three  years,   and   that   he   would   not  be  protected 


290  SCHOOL  LAW  DECISIONS. 

by  said   act  until  he  had   entered  upon   his   fourth  year  of  service   as   principal. 

I  am  clearly  of  the  opinion  that  the  Legislature  did  not  intend  to  divest 
a  Board  of  Education  of  its  power  to  transfer  a  teacher  or  principal  from  one 
point  to  another  as  the  best  interests  of  the  schools  demanded,  and  that  a 
Board  of  Education  may  make  such  transfer ;  provided  'there  is  no  reduction 
in  salary. 

A  contract  between  a  Board  of  Education  and  a  teacher  protected  by  the 
Tenure  of  Service  Act  is  unnecessary  for  the  reason  that  the  terms  of  the  con- 
tract are  fixed  by  said  act.  The  Appellant  has  not  lost  any  of  his  rights  by 
failing  to  sign  the  contract  forwarded  to  him,  neither  would  his  rights  have 
been  impaired  had  he  signed  it. 

The  appeal  is  dismissed. 

November  7,   1912. 

[Decision  of  the  State   Board  of  Education.] 

On  May  17.  1912,  the  Respondent's  committee  on  School  Government 
recommenced  that  the  Appellant  should  not  be  re-employed  as  principal  in  its 
High  School.  The  recommendation  apparently  was  adopted  and  the  Appellant 
appealed  to  the  Commissioner  of  Education.  His  appeal  was  dismissed  on  the 
ground  that  he  had  been  assigned  to  teach  in  an  elementary  school  at  the 
salary  received  by  him  as  a  principal  and  that  such  a  transfer  was  within  "the 
power  of  the  Board.  From  the  decision  of  the  Commissioner  he  has  appealed 
to  this  Board. 

In  1906  Mr.  Davis  was  employed  as  a  teacher  in  the  High  School  of  the 
Township  of  Overpeck.  He  was  re-employed  in  1907  and  1908.  In  1909  he 
was  appointed  principal  of  the  High  School  and  served  as  such  until  June, 
1912.  In  May,  1912,  a  Committee  of  "the  Board  recommended  that  he  should 
not  be  re-employed  as  principal  and  that  the  best  interests  of  the  schools 
would  be  served  by  dispensing  with  his  services.  Thereafter  another  principal 
was  appointed  in  his  place,  and  when  he  reported  for  duty  in  September,  1912, 
he  was  assigned  "to  teach  the  Sth  grade  in   an  elementary   school. 

In  Chapter  243  of  the  Laws  of  1909  known  as  the  Tenure  of  Service  Act, 
it  is  provided  that : — 

"The  service  of  all  teachers,  principals,  supervising  principals  of  the  pub- 
lic schools  in  any  school  district  of  this  State  shall  be  during  good  behavior 
and  efficiency,  after  the  expiration  of  a  period  of  employment  of  three  con- 
secutive years  in  that  district." 

It  is  further  provided  that : — 

"No  principal  or  teacher  shall  be  dismissed  or  subjected  to  reduction  of 
salary  in  said  school  district  except  for  inefficiency,  incapacity,  conduct  unbe- 
coming a  teacher  or  other  just  cause,  and  after  a  written  charge  of  the 
cause  or  causes  shall  have  been  preferred  against  him  or  her,  signed  by  the 
person  or  persons  making  the  same,  and  filed  with  the  secretary  or  clerk  of 
the  Board  of  Education  having  charge  of  the  school  in  which  •the  service  is 
being  rendered  and  after  the  charge  shall  have  been  examined  into  and  found 
true  in  fact  by  said  Board  of  Education,  upon  reasonable  notice  to  the  person 
charged,  who  may  be  represented  by  counsel  at  the  hearing." 


SCHOOL  LAW  DECISIONS.  291 


Mr.  Davis  comes  within  the  'terms  of  the  Act  and  is  entitled  to  its  pro- 
tection. The  question  to  be  decided  is  the  measure  of  such  protection.  It  is 
claimed  by  the  Respondent  and  has  been  held  by  the  Commissioner  that  the 
protection  merely  covers  service,  and  that  Mr.  Davis  not  only  could  be 
changed  about  as  a  principal  but  could  also  be  assigned  to  teach,  provided  that 
his  salary  was  not  reduced.  He  was  so  assigned  and  as  stated  on  the  argu- 
ment, is  now  serving  under  protest  as  a  teacher  at  the  salary  received  by 
him  as  a  principal.  The  'township  is  now  paying  the  salary  allotted  to  the 
principal  of  the  High  School  to  two  persons,  though  one  is  a  teacher  in  an 
elementary  school.  If  the  decision  appealed  from  is  sound,  there  is  nothing 
to  prevent  a  Board  from  elevating  any  teacher  who  has  served  more  than 
three  years  to  a  position  as  principal,  increasing  his  salary  and  subsequently 
assigning  him  to  teach  with  the  assurance  that  though  but  a  teacher  he  will 
thenceforth  receive  the  salary  of  a  principal.  By  such  procedure  a  school 
district  might  be  called  upon  to  pay  the  salary  of  a  principal  not  to  one 
teacher  as  in  Overpeck,  but  to  many.  If  the  Respondent's  construction  of  the 
law  is  correct,  it  is  within  the  power  of  any  Board  to  transfer  a  man  who  is 
a  principal  to  a  position  as  teacher  in  the  lowest  grade.  In  other  words,  it 
would  be  within  the  power  of  a  Board  to  assign  a  man  who  is  receiving  a 
salary  of  $3,000  or  more  to  teach  in  a  grade  where  the  usual  salary  paid  in 
the  district  for  such  grade  is  only  one-fifth  or  one-sixth  of  that  amount.  If 
such  procedure  can  be  adopted,  it  would  not  only  be  unjust  to  the  taxpayers, 
but  it  would  promote  dissatisfaction  among  teachers,  for  what  teacher  would 
not  feel  aggrieved  if  another  teaching  the  same  grade  with  no  more  experi- 
ence was  paid  the  salary  not  of  a  'teacher  but  of  a  principal? 

We  cannot  believe  that  the  Legislature  by  the  enactment  of  the  Tenure 
of  Service  Act  intended  to  place  it  within  the  power  of  a  Board  of  Education 
to  pay  for  a  $500  position  a  salary  of  $3,000  or  more,  merely  because  in  its 
opinion,  the  person  receiving  such  large  salary  is  not  competent  to  fill  the 
position  for  which  that  sum  has  been  allotted.  Such  a  construction  of  tb.2 
Act  is  not  in  accord  with  reason,  and  should  not  be  adopted  unless  the  lan- 
guage admits  of  no  other.  If  a  man  who  is  principal  is  not  competent,  he 
should  be  removed,  rather  than  given  less  responsible  work  at  the  same  com- 
pensation. If  he  is  fit  only  to  teach,  he  should  receive  only  the  salary  of  a 
teacher. 

The  language  of  the  statute  is  not  such  as  to  compel  a  district  to  retain 
an  incompetent  principal.  It  is  provided  that  a  principal  may  be  removed  for 
any  just  cause,  and  incompetency  is  certainly  a  just  cause.  The  record  is 
silent  as  to  whether  the  Appellant  in  this  case  is  competent  or  incompetent  to 
act  as  a  principal  of  a  High  School.  Does  the  statute  fairly  construed  and 
with  due  regard  to  consequences  prescribe  that  a  principal  may,  without  cause 
be  reduced  to  the  rank  of  a  teacher? 

It  reads :  "No  principal  or  teacher  shall  be  dismissed"  except  for  just  cause 
after  a  trial.  This  language,  in  our  opinion,  is  the  equivalent  of  (1)  no 
principal  shall  be  dismissed  and  (2)  no  teacher  shall  be  dismissed  except  for 
just  cause  after  a  trial.  When  a  principal  is  reduced  to  the  rank  of  a  teacher 
he  is  dismissed  as  a  principal  just  as  surely  as  is  an  officer  in  the  Army  dis- 
missed as  such  when  he  is  reduced  to  the  ranks  and  another  assigned  to  his 
place  or  as  would  a  teacher  be  dismissed  as  such  if  made  a  truant  officer  or  a 
janitor. 


292  SCHOOL  LAW  DECISIONS. 

No  trial  was  given  the  Appellant  so  that  as  we  construe  the  statute  its 
provisions  were  disregarded  by  the   Respondent. 

The  case  of  McManus  vs.  Newark,  20  Vroom,  175,  has  been  cited  in  sup- 
port of  the  contention  of  the  Respondent.  In  that  case  a  transfer  from  detec- 
tive to  patrol  duty  was  held  not  to  contravene  "the  Police  Tenure  of  Service 
Act.  In  that  Act,  however,  it  is  provided  that  "no  person  shall  be  removed 
from  office  or  employment  in  the  police  department  of  any  city."  If  in  the 
Tenure  of  Service  Act  under  consideration,  it  had  been  provided  that  no  per- 
son engaged  in  the  public  schools  shall  be  removed  from  office  or  employment, 
the  case  would  be  analogous.  The  Legislature,  however,  instead  of  saying  that 
"no  person"  shall  be  dismissed  has  enacted  tha't  "no  principal  or  teacher  shall 
be  dismissed." 

The  record  shows  that  the  original  intention  of  the  Respondent  was  to 
entirely  dispense  with  the  services  of  the  Appellant.  When  it  found  that  he 
was  protected  by  the  Tenure  of  Service  Act,  it  transferred  him  from  the  posi- 
tion of  principal  in  the  High  School  to  'that  of  teacher  in  an  elementary  school, 

Instead  of  complying  with  the  statute  and  preferring  charges  against  the 
Appellant,  it  endeavored  to  evade  the  statute  and  if  its  act  is  sustained  it  will 
be  within  the  power  of  Boards,  if  so  disposed,  not  only  to  pay  the  salary  of 
principals  to  favorite  teachers,  but  also  to  so  degrade  and  humiliate  worthy 
principals,  that  the  protection  which  the  statute  is  supposed  to  afford  them 
would  really  become  a  myth.  We  do  not  believe  that  we  should  place  a  con- 
struction on  the  statute  which  will  so  readily  enable  Boards  to  evade  its  pro- 
visions. 

In  a  very  recent  case,  Standard  Sanitary  Mfg.  Co.  vs.  United  States,  226 
U.  S.  the  Supreme  Court  of  the  United  States  in  construing  the  Sherman 
Law  wrote : — 

"This  court  has  had  occasion  in  a  number  of  cases  to  declare  its  principle. 
Two  of  those  cases  we  have  cited.  The  others  it  is  not  necessary  to  review  or 
to  quote  from  except  to  say  'that  in  the  very  latest  of  them  the  comprehensive 
and  thorough  character  of  the  law  is  demonstrated  and  its  sufficiency  to  pre- 
vent evasions  of  its  policy  'by  resort  to  any  disguise  or  subterfuge  of  form,' 
or  the  escape  of  i'ts  prohibitions  'by  any  indirection.' 

The  decision  of  the  Commissioner  is  reversed  and  the  reduction  of  the 
appellant  from  the  rank  of  a  principal  to  that  of  a  teacher  is  adjudged  con- 
trary to  law. 

March  1,  1913. 

Concurring  opinion  by  Dr.  John  C.  Van  Dyke. 

(1)  It  seems  from  the  agreed  state  of  facts  in  this  case,  that  the  Ap- 
pellant, Prof.  Davis,  was  first  employed  by  the  Respondent,  the  Board  of 
Education  of  the  Township  of  Overpeck,  in  1006  as  a  teacher  in  its  High 
School,  that  he  continued  in  tha't  capacity  until  1909,  and  after  that,  to  wit, 
May  7th,  1909,  he  was  employed  as  a  Principal.  He  continued  to  hold  the 
position  of  Principal  until  May  17th,  1912,  when  he  was  notified  by  recommen- 
dation of  the  Respondent  that  "the  best  interests  of  the  school  would  be 
served  by  dispensing  with  his  services."  No  charges  were  preferred  against 
him.  Three  months  later,  the  Respondent  offered  the  Appellant  a  second  con- 
tract, for  a  service  unspecified,  at  the  same  salary  he  had  been  receiving  as 
principal.      When    the    Appellant    reported    for    work,    he    was    assigned,    not    to 


SCHOOL  LAW  DECISIONS.  293 

principal's  work,  but  to  teaching  in  the  eighth  grade.     He  protested  and  claimed 
protection  under  the  Tenure  of  Service  Act. 

(2)  All  told,  the  Appellant  served  six  years  in  the  Respondent's  schools 
three  years  as  teacher  and  three  years  as  Principal.  Counsel  for  the  Respondent 
contends  that  there  should  be  three  consecutive  years  as  a  principal  for  the 
Appellant  to  come  under  the  Tenure  of  Service  Act.  Even  admitting  for  the 
moment  that  this  is  necessary,  and  that  his  three  previous  years  as  a  teacher 
are  not  to  count,  he  was  still  under  contract  with  the  Respondent  from  May 
7,  1909,  to  May  17,  1912,  a  matter  of  three  years  and  over.  The  twisting  of 
the  dates  to  read  from  school  year  to  school  year,  beginning  in  September  and 
ending  in  September  is  ingenious,  but  does  not  alter  the  facts  that  the  Appel- 
lant served  as  a  Principal  for  three  years  and  ten  days  under  contract  with 
the  Respondent,  and  for  three  years  before  that  had  been  a  teacher  under 
the  Respondent.  Commissioner  Betts  in  his  decision  recognizes  that  the 
Appellant  is  within  the  Tenure  of  Service  Act,  saying  that  the  recommenda- 
tion of  the  Respondent  dispensing  with  the  Appellant's  services  "taken  alone 
in  absence  of  any  charges  or  hearing  was  undoubtedly  a  violation  of  the 
Tenure  of  Service  Act."  It  must  be  assumed  that  the  Tenure  of  Service  Act 
was  designed  to  meet  just  such  cases  as  this,  and  that  the  Appellant  herein 
was,  with  his  six  years  of  service,  well  within  the  provisions  of  "the  act. 

(3)  When  the  Respondent  on  May  17,  1912,  passed  its  recommendation 
that  the  Appellant's  services  should  then  and  thereafter  be  dispensed  with, 
there  was  no  mention  of  service  in  any  other  capacity  than  as  principal. 
There  was  evidently  an  attempt  made  to  dispense  with  Prof.  Davis's  services 
in  any  and  every  capacity.  It  can  be  construed  in  no  other  way  than  as  a 
dismissal,  and  the  contention  of  the  Appellant  that  it  was  a  dismissal,  that  it 
was  a  dismissal  without  charges,  and  that  it  was  in  violation  of  the  Tenure 
of  Service  Act  must  be  upheld. 

(4)  On  August  12,  1912,  three  months  after  this  dismissal,  the  Respon- 
dent offered  the  Appellant  another  contract  for  an  indefinite  service,  at  the 
same  salary  he  had  been  receiving  as  principal.  This  cannot  be  considered 
as  a  renewal  of  the  old  contract  as  Principal,  but  an  entirely  new  undertaking, 
ft  new  contract  which  the  Appellant  could  accept  or  reject  as  he  thought  best. 
He  accepted  it  under  protest,  still  insisting  that  he  was  a  principal,  not  a 
teacher,  and  protected  by  the  Tenure  of  Service  Act.  The  second  contract 
may  perhaps  be  pleaded  in  explanation  of  the  Respondent's  intentions  and 
good  will,  but  it  does  not  alter  the  essential  fact  that  the  Appellant  was  dis- 
missed without  formal  charges,  after  fie  had  served  six  years  as  teacher  and 
principal  in  the  Respondent's  schools  and  was  within  the  Tenure  of  Service 
Act  which  forbids  this  very  thing. 

(5)  The  question  of  the  Respondent's  right  to  promote  or  demote  the 
Appellant,  to  place  him  in  one  position  or  another,  is  dealt  with  in  another 
opinion  in  this  case,  filed  herewith  in  which  concurrence  is  herewith  expressed. 
The  main  contention  of  the  Appellant  that  the  Tenure  of  Service  Act  has  been 
violated,  that  the  second  contract  is  inoperative,  and  that  he  is  still  a  principal 
in  the  Respondent's  employ  should  be  sustained. 

Decision  of  the  State  Board  of  Education  affirmed  by  Supreme  Court, 
May  2i,  1913. 


294  SCHOOL  LAW  DECISIONS. 

SALUTE  TO  THE  FLAG  AT  THE  OPENING  EXERCISES  OF  A  SCHOOL. 

Fred  Temple, 

Appellant, 

VS. 

Board    of     Education     of     the    Town- 
ship of  Cedar  Grove, 

Respondent. 

Fred  Temple,  pro  se. 

The  Respondent,  Mr.  Jacobus,  President  of  the  Board. 

[Decision  of  the  Commissioner  of  Education.] 

The  only  questions  before  me  for  decision  are  the  resolutions  adopted 
by  the  Board  of  Education  of  Cedar  Grove  Township,  prescribing  the  pledge 
to  be  used  at  the  morning  exercises  in  a  salute  to  the  flag,  and  the  suspension 
of  the  son  of  the  Appellant  for  failure  to  repeat  this  pledge. 

A  Board  of  Education  has  the  right,  under  the  law,  to  make  rules  and 
regulations  for  the  government  of  the  school,  to  prescribe  the  course  of  study, 
and,  when  it  deems  advisable,  the  character  of  the  opening  exercises.  Its 
action,  however,  must  be  reasonable,  and  must  not  impose  an  undue  hardship 
on  any  pupil. 

The  Respondent  in  'this  case  has  evidently  adopted  the  rule  relating  to  a 
salute  to  the  flag  in  accordance  with  a  suggestion  made  some  time  ago  by 
County  Superintendent  Meredith,  which  suggestion  was  in  compliance  with  a 
rule  of  the  State  Board  of  Education.  The  rule  directed  the  County  Super- 
intendent to  see  that  the  law  requiring  the  display  of  the  flag  during  school 
hours  was  observed,  and  further  to  recommend  to  the  schools,  wherever  ad- 
visable, tha't  a  salute  to  the  flag  be  made  at  the  opening  exercises.  The  latter 
part  of  the  rule  of  the  State  Board  of  Education  is  not  mandatory,  and,  there- 
fore, has  no  force  of  law. 

I  think  if  a  pupil  is  present  at  the  opening  exercises,  it  is  his  duty  to 
salu'te  the  flag.  It  is  a  mark  of  respect  that  any  decent  man  or  boy  would 
use,  no  matter  what  country  he  was  in.  But,  I  think  that  this  goes  further. 
It  reads : 

"I  pledge  allegiance  to  my  flag,  and  to  the  Republic  for  which  it  stands, 
one  nation   indivisible,  with   liberty  and  justice  to   all." 

That  is  certainly  a  pledge  of  allegiance  to  the  United  States.  The  son 
of  the  Appellant  is  not  a  citizen  of  the  United  States.  His  citizenship  must 
follow  the  citizenship  of  his  parents  until  he  becomes  of  age,  when  he  may 
choose  his  own ;  but  until  tha't  time  his  citizenship  must  follow  that  of  his 
parents.  I  think,  therefore,  that  if  the  child  salutes  the  flag,  and  does  not 
repeat  this  pledge,  that  he  is  doing  all  that  can  reasonably  be  expected  of 
him ;  and  that  a  Board  of  Education  has  no  right  to  ask  a  child  to  pledge 
allegiance  to  the  flag  of  a  country  of  which  he  is  not  a  citizen. 

The  appeal  is  sustained,  and  'the  son  of  the  Appellant  must  be  admitted  to 
the  school.  v 

November  8,   1912. 


SCHOOL  LAW  DECISIONS.  295 

TENURE  OF  OFFICE  OF  A  JANITOR. 

William  Goorley, 

Appellant, 
vs. 
Board     of     Education     of     the     Borough 
of  Bradley  Beach, 

Respondent. 
Charles  A.  Cook,  for  the  Appellant. 
John   D.   Carton,   for  the   Respondent. 

[Decision  of  the  Commissioner  of   Education.] 

The  Appellant  was  employed  by  the  Respondent  as  a  janitor  in  the  school 
tinder  its  control  for  a  term  of  nine  months,  beginning  September  iith,  191 1. 
A  special  meeting  of  the  Respondent  was  held  June  10th,  1912.  This  meet- 
ing was  called  by  order  of  the  president  of  the  Board  of  Education  and 
the  purposes  as  specified  by  the  president  were  "to  settle  the  question  of 
janitors  and  the  election  of  District  Clerk."  At  this  meeting  there  were  six 
members  present.  A  motion  was  made  to  elect  'the  Appellant  and  a  man  named 
Pyoth  as  janitors  for  the  ensuing  year.  The  president  declared  the  motion 
out  of  order,  and  left  the  room,  calling  on  Brown,  one  of  the  members,  to 
go  with  him.  The  president  admits  that  his  action  was  for  the  purpose  of 
preventing  the  election  of  janitors.  The  vice-president  took  the  chair  and  the 
motion  to  appoint  the  janitors  was  again  made,  and  the  roll  was  called,  four 
members  voting  in  "the  affirmative,  and  none  in  the  negative.  During  the 
roll-call  Brown  left  the  room. 

There  is  nothing  in  the  law  which  requires  that  a  majority  vote  of  all 
the  members  of  the  Board  of  Education  is  required  to  elect  a  janitor.  A  ma- 
jority of  a  quorum,  therefore,  is  sufficient.  The  Board  of  Education  of  Brad- 
ley Beach  is  composed  of  nine  members,  and  five  constitute  a  quorum. 

The  question  before  me  is  was  a  quorum  present  when  the  vote  was  taken. 

Brown  testifisd  that  he  was  not  in  the  room  when  the  vote  was  taken,  but 
later  was  asked : 

"Q.  Do  you  swear,  on  your  oath,  that  the  roll  was  not  being  called 
while  you  were  in  the  room  ?" 

His    answer    was  : 

"A.     I   can't   say   that   it  was   not,    but   I    never   heard   it." 

Goorley  testified,  "Four  members  voted  in  the  affirmative  that  the  janitors 
be  employed  at  $75  per  month,  and  Bradley  Brown,  the  motion  put,  left  the 
room  afterwards,  but  he  was  in  the  room  at  the  time  the  roll  was  being  called." 

Rogers,  Harvey  and  Barton  all  testified  that  Brown  was  still  in  the  room 
when  the  roll-call  was  begun. 

Barton  testified  in  part  as  follows  : 

"Q.  Was  Bradley  Brown  in  the  room  when  any  name  was  called  and 
recorded  on  the  roll?" 

"A.     Yes,  I  think  I  had  voted." 

"Q.     When  you  voted  was   Bradley   Brown  still   in   the   room?" 

"A.     I  think  he  was  just  going  through  the  door." 

Harvey  testified  in  part  as  follows  : 

"Q.     Was  one  name  called  while  Brown  was  still  in  the  room? 


296  SCHOOL  LAW  DECISIONS. 

"A.  There  was  one  or  two  called  and  I  think  I  voted  as  Brown  went 
through  the  door." 

The  minutes  read  as  follows : 

"Motion  made  by  Barton,  seconded  by  Bradner,  that  'the  present  janitors, 
Goorley  and  Pyoth,  be  retained  for  another  year  at  a  salary  of  $75   per  month. 

Aye  and  Nay  vote : 

Rogers,  aye ;  Barton,  aye ;  B'rander,  aye ;  Harvey,  aye. 

Bradley  Brown  left  the  room  after  the  motion  had  been  made  and  sec- 
onded, and  while  the  vo'te  was  being  called." 

The  minutes  of  the  regular  meeting  of  July  6th  show  that  a  notice  signed 
by  five  members  of  the  Board  was  served  on  Goorley,  stating  that  they  would 
not  recognize  him  as  janitor  or_  pay  him  for  any  service  rendered  after  June 
ii,   1912.     Also  "the  adoption  of  the  following: 

"Be  it  resolved  that  we  employ  one  janitor  the  year  around  at  the  Bradley 
Beach  School,  and  that  Ridgway  Pyoth  be  retained  in  that  capacity." 

If  Goorley  was  legally  elected  at  the  meeting  of  June  18th,  the  action  taken 
at  the  meeting  of  July  6th  was  null  and  void,  for  it  is  expressly  provided  in 
Chapter  44,  P.  L.  191 1,  that  a  janitor  shall  not  be  "discharged,  dismissed,  or 
suspended,  nor  shall  his  pay  or  compensation  be  decreased,  except  upon  sworn 
complaint  for  cause,  and  upon  a  hearing,  had  before  such  board." 

It  was  admitted  by  the  counsel  for  the  Respondent  that  no  charge  of  in- 
efficiency had  been  preferred  against  the  Appellant. 

I  am  of  the  opinion  that  there  was  a  quorum  present  at  the  time  the 
vote  was  taken,  and  the  Appellant  was  legally  elected  janitor  at  the  meeting 
held  June   18th,  1912. 

November  14,   1912. 

[Decision  of  the   State   Board  of  Education  in   the  above   case.) 

On  November  14,  1912,  the  Commissioner  of  Education  filed  a  decision 
in  the  above  case  adverse  to  the  Board  of  Education  of  the  Borough  of  Brad- 
ley Beach.  Subsequently  the  attorneys  who  represented  the  Board  before 
the  Commissioner,  prepared  and  served  a  notice  of  appeal  to  this  Board. 
The  notice  is  dated  December  4,  19 12.  On  December  9,  the  District  Clerk 
addressed  a  letter  'to  the  Commissioner  of  Education  to  the  effect  that  at  a 
meeting  of  his  Board  held  on  the  5th,  he  was  directed  to  write  that  it  had 
not  authorized  any  appeal.  Though  no  hearing  was  demanded,  we  notified 
the  attorneys  that  we  would  hear  oral  argument.  On  the  return  day  no  one 
appeared  for  the  Board  of  Education  of  the  Borough  of  Bradley  Beach,  and 
the  attorney  for  Mr.  Goorley  moved  to  dismiss  the  appeal  on  the  ground  that 
it  had  been  taken  without  authority. 

The  appeal  is  dismissed. 

March   1,   1913- 


SCHOOL  LAW  DECISIONS.  297 

SUSPENSION  AND  EXPULSION  OF  A  PUPIL. 

Richard  Tatham, 

Appellant, 
vs. 
Board  of   Education   of   the   Borough   op 
Waulington, 

Respondent. 

Andrew  Foulds,  for  the  Appellant. 
The  Respondent,  pro  se. 

[Decision  of  the  Commissioner  of   Education.] 

In  the  appeal  in  this  case  it  is  charged  that  corporal  punishment  was  i«- 
fiicted  upon  Hobson  Tatham,  the  son  of  'the  Appellant,  a  pupil  in  the  school 
under  the  control  of  the  Respondent ;  that  later  the  Respondent  "did  suspend 
and  expel  the  said  Hobson  Tatham  and  did  refuse  and  still  refuses  to  permit 
him  to  attend  the  public  school  aforesaid,"  and,  that  at  a  meeting  of  the 
Board  of  Education  at  which  the  Appellant  and  his  counsel  were  present,  the 
Respondent  refused  to  permit  the  Appellant  to  produce  witnesses,  and  also 
refused  to  investigate  the  matter. 

It  appears  that  Hobson  Tatham,  with  other  boys,  was  in  the  basement 
of  the  school  house,  and  that  the  boys  were  trying  to  put  Hobson  in  the 
part  of  the  basement  in  which  the  girls'  closets  were  situated.  The  janitor 
testified  that  when  he  discovered  'them,  they  ran  out,  and  as  they  passed  him 
he  "slapped  each  one  on  the  behind ;"  that  Hobson  came  back  and  used  in- 
decent language,  and  that  in  order  to  take  him  to  the  principal  he  was  com- 
pelled to  carry  him.  It  also  appears  that  Hobson  was  defiant  to  the  principal, 
and  was  thereupon  sent  home,  and  that  later  the  Respondent  sustained  the 
action  of  the  principal. 

Section  112  of  the  School  Law  prohibits  'the  infliction  of  corporal  punish- 
ment by  any  "principal,  teacher,  or  other  person  employed  or  engaged  in  any 
capacity  in  any  public  school." 

There  is  no  evidence  of  the  infliction  of  corporal  punishment  other  than 
the  slapping  of  the  boys  by  the  janitor  as  they  ran  from  'the  cellar.  I  am  of 
the  opinion  that  the  act  of  the  janitor  was  not  a  violation  of  the  section  above 
quoted. 

Section  120  of  the  school  law  provides  that  "pupils  in  the  public  school* 
shall  comply  with  the  regulations  established  in  pursuance  of  law  for  the  gov- 
ernment of  such  schools ;  pursue  the  course  of  study  and  shall  submit  to  the 
authority  of  the  teacher.  Continued  and  wilful  disobedience,  open  defiance 
of  the  authority  of  the  teacher,  the  use  of  habitual  profanity  or  obscene 
language  shall  be  good  cause  for  suspension  or  expulsion  from  school." 

The  evidence  shows  that  Hobson  had  been,  from  the  time  the  schools 
were  opened  in  September,  insubordinate,  and  that  on  the  day  he  was  sus- 
pended, used  obscene  language. 

I   think  the   action   of  the   principal   in   suspending   him   was   fully  justified. 

There  is  nothing  in  the  law  which  prescribes  the  procedure  by  a  Board 
of  Education  in  its  action  in  cases  of  suspension  of  pupils.  Its  action  may 
be  reviewed  in  appeal,  and  if  it  has  erred  its  action  will  be  set  aside. 


298  SCHOOL  LAW  DECISIONS. 

The  only  point  remaining  to  be  considered  is,  whether  the  principal  or 
the  Board  of  Education  could  impose  as  a  condition  precedent  to  the  rein- 
statement of  Hobson  Tatham  that  his  "father  would  be  responsible  for  his  con- 
duct." 

Section  m  of  the  School  Law  provides  that  "a  teacher  shall  hold  every 
pupil  accountable  in  school  for  disorderly  conduct,  on  the  way  to  or  from 
school,  or  in  'che  play  grounds  of  the  school,  or  during  recess." 

This  gives  the  teacher  full  control  of  a  pupil  from  the  moment  he  leaves 
his  home  on  his  way  to  school  until  he  enters  it  on  his  return  from  school. 
The  law  substitutes  the  teacher  in  place  of  the  parent,  and  the  parent,  there- 
fore, cannot  be  held  responsible  for  the  conduct  of  his  child  during  the  time 
he  is  in  school  or  on  his  way  to  or  from  school. 

The  action  of  the  Respondent  in  approving  the  suspension  of  Hobson 
Tatham  is  sustained,  but  it  is  ordered  that  it  rescind  so  much  of  its  finding 
as  requires  the  Appellant  to  assume  responsibility  for  the  conduct  of  his  son 
while  under  the  control  of  the  teacher. 

November   14,   1912. 

USE  OF  SCHOOL  BUILDINGS   FOR  OTHER  THAN   SCHOOL 

PURPOSES. 

Fred  Klein,  Et  Al., 

Appellant, 
vs. 
Board     of     Education     of     Jersry     City, 

Respondent. 

John  J.   Mulvaney,  for  the   Appellant. 
Warren   Dixon,  for  the   Respondent. 

[Decision   of  the   Commissioner   of   Education.] 

The  Appellants  charge. that  the  Respondent  permitted  the  use  of  the  audi- 
torium in  the  high  school  building  under  its  control  for  lectures,  meeting*, 
and  purposes  other  than  those  directly  connected  with  the  regular  school  course 
and  pray  that  the  action  of  the  Respondent  be  declared  illegal,  and  that  the 
use  of  said  auditorium  for  other  than  school  purposes  be  prohibited. 

Article  VI  of  the  School  Law  provides  for  the  government  of  city  school 
districts.  Section  50  of  said  law  gives  to  the  Board  of  Education  in  a  city  dis- 
trict "supervision,  control,  and  management  of  the  public  schools  and  pub- 
lic school  property  in  its  district"  and  section  51  gives  to  said  board  power 
to  "make,  amend  and  repeal  rules,  regulations  and  by-laws  not  inconsistent 
with  this  act,  or  with  the  rules  and  regulations  of  the  State  Board  of  Educa- 
tion, for  its  own  government,  for  the  transaction  of  business,  and  for  the 
government  and  management  of  'the  public  schools  and  the  public  school 
property    in   said   district." 

Article  VII  provides  for  the  government  of  township,  incorporated  town 
and  borough  school  districts,  and  section  86,  paragraph  XI  gives  to  a  Board 
of  Education  in  such  district  power  "to  permit  a  school-house  to  be  used  for 
other  than  school  purposes  when  the  board  shall  consent  thereto." 

There  is  no  express  provision  in  Article  VI  authorizing  the  use  of  school 
buildings  for  other  than  school  purposes,  but  an  examination  of  Articles  VI 
and  VII   discloses  that  in  the  latter  the  powers  of  the   Board  of  Education  are 


SCHOOL  LAW  DECISIONS.  299 

prescribed  with  considerable  detail,  while  in  Article  VI  they  are  expressed 
in  general  terms.  I  am  unable  to  discover  any  reason  for  permitting  the  use 
of  a  school  house  in  a  borough  district  for  other  than  school  purposes  and 
prohibiting  such  use  in  a  city  district,  and  I  am  of  'the  opinion  that  it  was 
the  legislative  intent  to  give  to  the  boards  of  education  in  both  classes  of 
districts  like  powers  in  the  control  and  management  of  school  buildings. 

The  custom  of  permitting  the  use  of  school  buildings  for  other  than 
school  purposes  is  well  established  and  has  existed  almost  from  the  time  of 
the  erection  of  the  first  school  house.  I  think  such  use  should  be  permitted 
unless  there  is  an  express  statutory  prohibition.  A  Board  of  Education  must 
use  reasonable  discretion  in  the  exercise  of  this  power,  and  must  not  permit 
a  school  building  to  be  used  for  other  'than  school  purposes  at  any  time  when 
such  use  would  interfere  with  the  regular  school  sessions. 

The  appeal  is  dismissed. 

November  20,    191 2. 

TENURE  OF  SERVICE  OF  TEACHERS. 

Ella  Conrow, 

Appellant, 
vs. 
Board    of    Education     of    the    Township 
of  lumberton, 

Respondent. 

Richard  B.  Eckman,  for  the  Appellant. 
Davis  &  Davis,  for  the   Respondent. 

[Decision   of   the   Commissioner   of    Education.] 

The  Appellant  had  been  employed  by  the  Respondent  as  a  teacher  in  the 
schools  under  its  control  consecutively  for  the  'term  of  eight  years  at  the 
close  of  the  school  year  of   1911-12. 

The  Respondent  failed  to  assign  her  to  any  school  for  the  year  of  1912- 
13,  and  gives  as  a  reason  that  her  hearing  is  so  defective  as  to  make  it  impos- 
sible for  her  to  give  satisfactory  service.  It  is  admi'lted  that  no  charges,  in 
writing,  were  preferred  against  her,  and  that  she  was  not  given  a  hearing. 

Chapter  243,  P.  L.  1909,  provides  that  the  "service  01  all  teachers,  princi- 
pals, supervising  principals  in  the  public  schools  in  any  school  district  in  this 
S'tate  shall  be  during  good  behavior  and  efficiency  after  the  expiration  of  three 
consecutive  years  of  service  in  that  district.  .  .  .  No  principal  or  teacher 
shall  be  dismissed  or  subjected  to  reduction  of  salary  in  said  district  except 
for  inefficiency,  incapacity,  conduct  unbecoming  a  teacher  or  other  just  cause, 
and  after  a  wrrtten  charge  of  the  cause  or  causes  shall  have  been  preferred 
against  him  or  her  .  .  .  and  after  the  charges  shall  have  been  exam- 
ined into  and  found  true  in  fact  by  said  Board  of  Education  upon  reason- 
able notice  to  the  person  charged,  who  may  be  represented  by  counsel  at  th« 
hearing." 

The  discharge  of  the  Appellant  in  the  absence  of  written  charges  and 
without  a  hearing  was  in  violation  of  the  provisions  of  the  statute  above  quoted. 
The  Appellant  is,  therefore,  still  in  the  employ  of  the  Respondent,  and  is  en- 
titled to  her  salary. 

November  25,   1912. 


300  SCHOOL  LAW  DECISIONS. 

TENURE  OF  SERVICE  OF  JANITORS. 

Edward  Deiseroth, 

Appellant, 
vs. 
BoA£r>    op    Education    of    Margate    City 

Respondent. 

[Decision  of  the  Commissioner  of   Education.) 

Chapter  4  of  the  Laws  of  191 1,  gives  to  a  Board  of  Education  power  to 
make  proper  rules  and  regulations  •  for  the  employment,  discharge,  manage- 
ment and  control  of  public  school  janitors,  employed  by  such  board,  incon- 
sistent with  the  provisions  of  said  act.  It  also  provides  that  "no  public  school 
janitor  shall  be  discharged,  dismissed  or  suspended,  nor  shall  his  pay  or  com- 
pensation be  decreased,  except  upon  sworn  complaint  for  cause,  and  upon  a 
hearing  had   before   such   board." 

The  evidence  in  this  case  shows  that  the  Appellant  was  employed  as  janitor 
by  the  Respondent  in  the  fall  of  191 1,  and  the  records  do  not  show  that  he 
was  employed  for  a  definite  term.  It  is  admitted  by  the  Respondent  that  no 
written  charges  or  sworn  complaint  were  ever  made  against  the  Appellant, 
nor  was  he  given  a  hearing  before  the  board  as  required  by  the  act  of  191 1. 
Mr.  Deiseroth,  therefore,  is  still  in  the  employ  of  the  Board  of  Education 
of  Margate  City,   and  is  entitled   to  his   salary. 

November    27,    igi2. 

[Decision  of  the  State   Board  of  Education.] 

This  is  an  appeal  by  the  Board  of  Education  of  Margate  City  from  a 
decision  of  the  Commissioner  adjudging  that  Mr.  Deiseroth  is  still  in  its  employ 
as   a   janitor. 

In  October,  1911,  the  Board  of  Education  of  Margate  City,  appointed  Mr. 
Deiseroth  a  janitor  of  the  Margate  City  School.  He  entered  upon  the  per- 
formance of  his  duties  and  served  until  the  3d  day  of  September,  191 2,  on 
which  day  the  Board  passed  a  resolution  appointing  another  janitor  in  his  place. 
No  complaint  was  served  upon  Mr.  Deiseroth  and  he  was  not  afforded  any 
hearing. 

It  is  provided  in  Chapter  44  of  the  Laws  or  191 1,  that  no  Public  School 
Janitor  in  any  Public  School  District,  "shall  be  discharged,  dismissed  or 
suspended,  nor  shall  his  pay  or  compensation  be  decreased  except  upon  sworn 
complaint  for  cause,  and  upon  a  hearing  had  before  such  Board."  Inasmuch 
as  the  statute  was  in  no  way  complied  with,  the  attempt  to  discharge  Mr. 
Deiseroth   was   null  and  void. 

The   decision   of  the   Commissioner   of   Education    is   affirmed. 

March   1,   1913. 

TENURE  OF  SERVICE  OF  TEACHERS. 
Edgar    Brandes 

Appellant, 

The    Eoard    op    Education    of    the    City 
of  hoboken, 

Respondent. 


SCHOOL  LAW  DECISIONS.  301 

Edward   J.  A.   Sylvester,   for   Appellant. 
John  J,    Fallon,    for   Respondent. 

[Decision  of  the  Commissioner  of   Education.} 

The  Appellant  was  appointed  a  teacher  of  German  in  the  School  District 
of  the  City  of  Hoboken  on  July  20th,  1908,  said  appointment  to  take  effect 
September  1st,  1908.  He  began  his  service  on  that  date  and  continued  as  a 
teacher  of  German  in  said  district  until  June  30th,  191 1.  In  February,  191 1, 
the  Respondent  approved  the  recommendation  of  the  Committee  on  School 
Government  that  the  service  of  Mr.  Brandes  be  dispensed  with  on  June  30th. 
1911. 

The  Appellant  claims  that  the  action  of  the  Respondent  in  dismissing  him 
was  illegal. 

1  st.  Because  he  was  protected  by  the  Teachers'  Tenure  of  Service  Act 
(P.  L.  1909,  chapter  243)  and  his  discharge  was  in  violation  of  the  provisions 
of  said  act. 

2nd.     Because   he   was   emp'oyed   as    a   permanent  teacher   and    not    on    pro 
bation,    and,    therefore,    his    discharge    was    in    violation    of    Rule    XLIII    of    the 
"Manual  of  the  Board  of  Education  of  Hoboken." 

The  Respondent  denies  that  Brandes  was  protected  by  the  Teachers'  Tenure 
of  Service  Act;  that  he  was  employed  as  a  permanent  teacher;  but  insists 
that  during  the  entire  time  he  taught  in  the  Public  Schools  of  Hoboken  he  was 
on  probation.     It  also   denies  that  the  Manual  was  in   force  in   191 1. 

The  Teachers'  Tenure  of  Service  Act  provides  that  "the  service  of  all 
teachers,  principals,  supervising  principals  of  the  public  schools  in  any  school 
district  of  this  State  shall  be  during  good  behavior  and  efficiency,  after  the 
expiration  of  a  period  of  employment  of  three  consecutive  years  in  that  dis- 
trict,  unless   a   shorter  period  is  fixed  by   the  employing  board." 

There  is  no  evidence  that  the  Respondent  has  fixed  a  shorter  period  than 
three  years,  and  therefore,  if  the  Appellant  is  protected  by  said  act  it  is  by 
reason  of  having  fulfilled  the  requirements  prescribed  by  the  statute.  From 
the  language  of  the  section  above  quoted  it  is  evident  that  a  teacher  must 
begin  on  the  fourth  year  of  consecutive  service  before  he  is  protected  by  the 
act.  The  Appellant  completed  three  years  of  consecutive  service,  but  did  not 
serve  during  any  part  of  the  succeeding  year.  His  discharge  was  not  in 
violation  of  the  provisions  of  Chapter  243,  P.  L.   1909. 

The  claim  of  the  Respondent  that  the  Manual  was  not  in  force  is,  in  my 
opinion,  not  well  founded.  It  is  true  that  it  has  been  the  custom  of  the 
Board  of  Education  of  Hoboken  to  pass  at  the  beginning  of  each  year  a 
resolution  adopting  a  manual,  and  that  no  such  resolut'on  was  adopted  when 
the  Board  organized  on  January  2d,  191 1.  At  a  meeting  held  January  16th, 
191 1,  the  following  resolution  was  adopted:  "Resolved,  That  a  Committee 
be  appointed  by  the  Pres'c'ent  to  examine  the  School  Manual  now  in  force 
and  ascertain  in  what  particulars  the  same  may  be  improved  and  brought  up 
to  date  and  report  thereon  to  this   Board." 

I  am  unable  to  find  in  the  Minutes  of  the  Board  any  record  of  a  report 
by  this  Committee  or  any  further  action  by  the  Board  with  reference  to  amend- 
ing the  Manual.  All  through  the  Minutes  for  191 1  there  are  references  to 
the  Manual  and  it  is  evident  that  the  members  of  the  Board  of  Editcation 
believed  that  the  Manual  was  in  force.  I  am  of  the  opinion  that  the  Manual 
was   in    force   during    191 1. 


302  SCHOOL  LAW  DECISIONS. 

The  remaining  points  to  be  determined  are,  therefore,  was  the  Appellant 
appointed  as  a  permanent  teacher  and  was  his  discharge  in  violation  of  any  rule 
contained   in   the    Manual. 

Rule  LVIX   of  the  Manual  reads   as  follows: 

"All  teachers  shall  be  appointed  for  one  year  on  probation.  In  case  any 
teacher,  during  his  or  her  year  of  probation  should  show  marked  unfitness 
and  lack  of  teaching  ability  and  class  control,  the  Superintendent  upon  the 
receipt  of  the  Principal's  report  to  that  effect,  shall  recommend  to  the  Board 
that  he  or  she  shall  not  be  appointed  as  a  regular  teacher.  All  teachers  vho 
upon  the  termination  of  their  period  of  probation  are  recommended  by  the 
Principal  of  the  school  or  schools  to  which  they  have  been  assigned  as  pro- 
bation teachers  as  having  given  evidence  of  efficiency  in  both  instruction  and 
discipline,  the  same  having  been  approved  by  the  Superintendent,  the  Board 
of  Education  shall  by  a  majority  vote  of  the  whole  Board  place  said  teacher 
upon  the  permanent  list.  No  teacher  shall  be  appointed  as  a  probation  or 
permanent  teacher  unless  he  or  she  shall  hold  a  city  or  State  certificate." 


The  first  sentence  in  the  nJe  above  quoted  reads  as  follows :  "All  teachers 
shall  be  appointed  for  one  year  on  probation."  There  is  no  evidence  that 
this  rule  was  suspended  at  the  meeting  in  1908  at  which  the  Appellant 
was  appointed,  and,  notwithstanding  the  fact  that  the  resolution  appointing  him 
did  not  specifically  state  that  it  was  a  probationary  appointment,  it  is  clear 
that  this  appointment  was  probationary,  for  a  permanent  appointment  could 
not  have  been  made  unless  the  rule  had  been  suspended. 

The  rule  above  quoted  also  provides  that  "al'  teachers,  who,  upon  the 
termination  of  their  period  of  probation  are  recommended  by  the  Principal  of 
the  school  or  schools  to  which  they  have  been  assigned  as 'probation  teachers 
as  having  given  evidence  of  efficiency  in  both  instruction  and  discipline,  the 
same  having  been  approved  by  the  Superintendent,  the  Board  of  Education 
shall  by  a  majority  vote  of  the  whole  Board  place  said  teachers  upon  the 
permanent  list."  There  is  nothing  in  the  record  to  show  that  any  action  in 
accordance  with  the  above  quotation  was  ever  taken  in  the  case  of  Mr.  Brandes 
The  evidence  is  that  on  June  28th,  19 10,  the  Superintendent  wrote  to  Mr.  B'randes 
that  his  second  year  of  probation  would  expire  June  30,  1910,  but  that  the 
period  of  probation  had  been  extended  to  February  1st,  191 1.  In  this  letter 
the  Superintendent  also  said  "I  sincerely  trust  that  there  will  be  a  marked 
improvement  in  your  methods  of  discipline,  and  self  control  on  your  part  as  a 
teacher,  so  that  at  the  end  of  this  period  of  probation  the  Committee  will  feel 
justified  in  recommending  your  permanent  appointment."  It  appears,  there- 
fore, that  at  no  time  was  the  Appellant  on  the  permanent  list  of  teachers  in 
Hoboken. 

Was  the  dismissal  of  the  Appellant  in  violation  of  Rule  XLVIII?  This  rule 
reads    as    follows : 


"In  case  any  teacher  proves  unsuccessful  in  imparting  instruction  to  pupils, 
he  or  she  shall  be  c'ismissed.  This  shall  be  done  only  after  the  facts  are 
conclusively  established,  and  after  trial  by  the  Board  upon  the  recommendation 
of  the  Committee  on  School  Government.  A  majority  vote  of  the  full  Board 
shall   be   necessary   for  dismissal." 


SCHOOL  LAW  DECISIONS.  303 

I  am  of  the  opinion  that  this  rule  applies  to  all  teachers  whether  permanent 
or  probationary,  but  that  it  applies  to  a  teacher  appointed  on  probation  only 
during  the  time  fixed  for  his  probation. 

A  strict  construction  of  the  rule  would  limit  its  application  only  to  teachers 
who  have  been  "unsuccessful  in  imparting  instruction  to  pupils."  The  testimony 
of  Mr.  Demarest,  the  Superintendent  of  Schools,  shows  that  Mr.  Brandes  was 
not  appointed  a  permanent  teacher  for  the  reason  that  he  failed  in  discipline. 
There  is  nothing  in  the  evidence  to  show  that  at  any  time  was  Mr.  Brandts 
charged  with  having  been  "unsuccessful  in  imparting  instruction."  I  am  of 
the  opinion,  therefore,  that  the  Board  of  Education  was  not  bound  by  Rule 
XLVIII   in   acting  on  the  case  of  Mr.   Brandes. 

But  giving  a  broader  construction  to  the  rule,  making  it  apply  to  com- 
plaints against  a  teacher  for  lack  of  discipline,  I  am  still  of  the  opinion  that 
the   rule   does   not    apply    to    the    case   under    consideration. 

An  appointment  on  probation  is  for  a  fixed  term  of  one  year  and  is  a 
contract  for  that  period.  If  the  Board  of  Education  attempted  to  discharge  a 
teacher  during  his  year  of  probation  it  would  be  compelled  to  grant  him  a 
trial,  but  at  the  end  of  the  period  of  probation,  the  teacher,  unless  the  Board 
of  Education  took  further  action,  would  cease  to  be  in  the  employ  of  the  Board. 
Mr.  Brandes  was  not  at  the  end  of  his  year  of  probation,  appointed  a  permanent 
teacher  as  provided  in  Rule  LVIX.  but  was  continued  as  a  teacher  on  pro- 
bation. On  June  28,  1010,  he  was  notified  that  his  period  of  probation  had 
been  extended  to  February  1st.  191 1.  Had  the  Board  of  Education  taken  no 
further  action  his  connection  with  the  school  system  would  have  expired  on 
the  last  mentioned  date,  but  the  Board  by  resolution  permitted  him  to  retain 
his  position  until  June  30,  191 1,  at  the  same  time  notifying  him  that  he 
would  not  be  continued   as   a  teacher  after  that  date. 

The   appeal   is   dismissed. 

January  20,   1913. 

[Decision  of  the  State  Board  of  Education.] 

The  Board  of  Education  of  the  City  of  Hoboken  notified  Mr.  Brandes, 
the  Appellant,  that  his  employment  as  a  teacher  of  German  would  cease  on 
the  30th  day  of  June,  1911.  Mr.  Brandes  appealed  to  the  Commissioner  of  Educa- 
tion and  claimed  that  his  services  could  not  be  dispensed  with  unless  he  was 
afforded  an  opportunity  to  answer  the  charges,  if  any,  preferred  against  him. 
From  a  decision  of  the  Commissioner  dismissing  his  appeal,  he  has  appealed 
to    this    Board. 

The  grounds  of  the   appeal   in   the  brief  are : — 

(1)  That    the    Commissioner    erred    in    his    rulings    on    evidence. 

(2)  That  the  termination  of  the  Appellant's  employment  was  contrary 
to  the  Tenure  of  Service  Act,  and 

N        (3)     That   it    was   contrary   to    the   Manual    of    the    Board    of    Education   of 
the   City   of   Hoboken. 

We  have  read  the  record  and  cannot  find  that  the  Commissioner's  rulings 
on  evidence  materially  prejudiced  the  Appellant.  No  evidence  was  admitted  or 
excluded  which,  if  excluded  or  admitted,  assuming  all  that  is  said  by  the 
Counsel  for  the  Appellant,  would  have  changed  the  facts  directly  bearing  upon 
the    legal    questions    involved. 


3o4  SCHOOL  LAW  DECISIONS. 

The  Appellant  taught  in  the  schools  of  Hoboken  for  three  consecutire  years. 
By  the  Tenure  of  Service  Act,  a  Board  may  try  a  teacher  for  three  years. 
If,  after  such  a  trial  it  continues  his  services,  he  is  entitled  to  thereafter 
serve  during  good  behavior  and  efficiency. 

The  language   of   the   Act   is   as   follows: — 

"The  service  of  all  teachers,  principals,  supervising  principals  of  the  public 
schools  in  any  school  district  of  this  State  shall  be  during  good  behavior 
and  efficiency,  after  the  expiration  of  a  period  of  employment  of  three  con- 
secutive years  in  that  district,  unless  a  shorter  period  is  fixed  by  the  em- 
ploying   board." 

Inasmuch  as  the  services  of  the  Appellant  were  not  continued  after  the 
three  years  or  probationary  period,  he  is  not  protected  by  the  Act  unless  a 
shorter    period    was    fixed    by    the    local    board. 

The  Appellant  claims  that  a  shorter  period  has  been  prescribed  by  the 
Manual    of   the    Board. 

Two   rules  are   set   forth   in    the   Manual  which  bear  on   the  question : 

One  that  no  teacher  shall  be  dismissed  except  after  a  trial  wherein  the 
fact  that  he  is  unsuccessful  in  imparting  instruction  to  pupils  has  been  "con- 
clusively established,"  and  the  other  that  all  teachers  shall  be  appointed  for 
one  year  on  probation,  but  shall  not  be  placed  on  the  permanent  list  except 
by  a  vote  of  a  majority  of  the  whole  Board,  taken  after  recommendations 
as  to  efficiency  have  been  submitted  by  the  PruuXnls  of  the  schools  in 
which  he  taught,  and  approved  by  the  Superintendent.  A  reasonable  interpreta- 
tion of  the  rules  would  confine  the  operation  of  that  which  provides  that  no 
teacher  can  be  dismissed  except  after  a  trial  to  permanent  tecichers.  If  it  extends 
to  teachers  on  probation,  it  would  be  unreasonable  to  say  that  it  affords  pro- 
tection for  any  period  other  than  the  trial  period,  and  that  at  the  expiration 
of  such  period,  the  Board  could  not  refuse  to  make  a  contract  for  another 
period,  but  must  continue  the  services  of  the  probationer.  Such  an  interpreta- 
tion  would   practically   nullify   the    rule   about    probationers. 

The  Appellant  was  employed  on  probation  commencing  in  September,  1908. 
Owing  apparently  to  his  inability  to  maintain  discipline,  his  period  of  proba- 
tion was  extended  from  time  to  time.  On  January  28,  1910,  he  was  notified  by 
the  Superintendent  of  Schools  that  "your  period  of  probation  has  been  extended 
to  February  1st,  191 1."  On  January  25,  191 1,  that  is,  six  days  before  the 
expiration  of  the  period  of  his  extended  probation,  the  Superintendent  notified 
him  that  his  services  would  "terminate  on  June  30,  191 1."  We  cannot  find 
that  Mr.  Brandes  was  ever  appointed  a  permanent  teacher,  neither  can  we  find 
that  he  was  dismissed  during  any  period  for  which  he  was  employed  as  a 
probationer.  He  was  engaged  on  trial.  He  was  given  an  extended  trial 
.vhich.  however,  did  not  exceed  three  years.  At  its  expiration  we  believe  the 
Board  had  the  right  to  refuse  to  make  b.im  a  permanent  teacher  and  to  dis- 
pense   with    his   services. 

The  appeal  is  dismissed. 

March    1,    1913. 


SCHOOL  LAW  DECISIONS.  305 

TEACHER'S  PENSION. 

(     c     Pearci 

Appellant, 

vs. 
Hoard     (if     Education     of     Brick     Town- 
ship, 

Respondent. 

C.  C.   Pearce,  for  himself. 

Charles  V.   Hance,  for  the  Respondent. 

[Decision  of  the  Commissioner  of  Education.] 

The  Appellant  began  teaching  in  the  public  schools  in  Brick  Township  in 
the  Fall  of  1877  and  ceased  teaching  in  said  Township  in  June,  191 2.  He  was 
a  member  of  the  House  of  Assembly  in  1904  and  again  in  1905.  With  excep- 
tion of  the  time  he  was  attending  the  sessions  of  the  Legislature  he  taught  con- 
tinuously in  the  schools  of  Brick  Township.  It  is  conceded  that  if  the  time 
he  was  absent  during  the  sessions  of  the  Legislature  is  included  he  has  had  thirty- 
five  years  of  service  as  a  teacher,  and  that  if  the  time  he  was  absent  is  not 
included   his   service   as   a   teacher   is   less   than   thirty-five  years. 

Chapter  58  P.  L.  19 12  provides  that  "any  teacher,  principal,  or  super- 
intendent who  shall  have  been  employed  in  the  public  school  work  not  less 
than  thirty-five  years  shall,  upon  application  to  the  Board  of  Education,  or 
other  body,  or  by  resolution  of  the  Board  of  Education,  or  other  body,  by 
which  such  teacher,  principal  or  superintendent  shall  be  employed,  be  retired 
from  duty  on  half  the  average  annual  salary  during  the  last  five  years  of 
service;"  provided  he  shall  have  been  employed  at  least  twenty  years  by  the 
Board  of   Education  by   which  he  shall  be   retired. 

The  testimony  shows  that  Mr.  Pearce  made  application  for  retirement 
in  the  spring  of  1912,  before  the  school  in  which  he  was  teaching  closed 
for  the  summer  vacation.  It  is  also  shown  that  during  the  sessions  of  the 
Legislature  in  1904  and  1905  he  employed  a  substitute  to  teach  his  classes 
during  his  absence,  that  he  was  paid  the  full  amount  of  his  salary  for  each 
of   those   years   and   that   he   paid   the   substitute. 

The  law  under  which  Mr.  Pearce  seeks  to  be  retired  does  not  require 
that  a  teacher  shall  have  actually  taught  thirty-five  years,  but  that  he  "shall 
have  been  employed  in  the  public  school  work"  for  that  length  of  time.  It 
i«  clear  from  the  evidence  that  Mr.  Pearce  has  been  in  the  employ  of  the 
Board  of  Education  of  Brick  Township  continuously  for  a  period  of  thirty- 
five  years.  The  act  is  mandatory,  and  a  Board  of  Education  is  compelled  to 
retire  a  teacher  upon  his  application ;  provided  he  has  complied  with  the 
requirements  of  the  statute.  The  Respondent  erred  in  refusing  to  retire  the 
Anpellant,  and  it  is  ordered  that  the  Board  of  Education  of  Brick  Town- 
shin    retire   the    Appellant,    the    retirement   to   date    from    July    1,    191 2. 

February  4,    10 13. 

Affirmed   by   State   Board   of   Education    May   3,    1913. 

Affirmed  by   Supreme   Court,   89  Atlantic   Reporter    1026,   February   25,    1914. 


306  SCHOOL  LAW  DECISIONS. 

JURISDICTION     OF     COMMISSIONER     OF     EDUCATION     IN     DISPUTE 
BETWEEN  BOARD   OF  EDUCATION  AND  A  CONTRACTOR. 

Eugene    Ciccarelli, 

Appellant, 
vs. 

Board     of     Education     op     the     City     of 
Hoboken, 

Respondent. 

Merritt   Lane,    for  the   Appellant. 
John   J.    Fallon,   for  the   Respondent. 

[Decision  of  the   Commissioner  of   Education.] 

It  appears  that  on  July  31,  191 1  a  contract  was  entered  into  by  the  parties 
hereto  by  which  the  Appellant  agreed  to  prepare  plans  f&r  and  supervise  the 
construction  of  a  new  school  house  to  be  erected  in  Hoboken ;  that  plans  were 
drawn  by  the  Appellant,  and  that  on  December  4,  191 1  the  Respondent  received 
bids  for  constructing  a  part  of  the  work  called  for  by  said  plans  and  that 
on  December  27,  191 1  the  Respondent  awarded  certain  contracts  for  the 
erection  of  said  schoolhouse,  and  work  was  begun  under  said  contracts  and 
continued  until  stopped  by  a  writ  of  certiorari  allowed  November  16,  1912, 
which  writ  is  still  pending.  It  further  appears  that  on  December  9,  19 12  the 
Respondent  adopted  a  preamble  and  resolutions  reciting,  among  other  things, 
that  the  Respondent  "deemed  it  impracticable  and  inadvisable  to  erect  the  school 
building  under  the  aforesaid  plans  and  specifications  of  Eugene  Ciccarelli,"  and 
selecting  other  architects  to  prepare  plans  for  said  building. 

The  law  gives  to  the  Commissioner  of  Education  power  to  decide  con- 
troversies and  disputes  arising  under  the  School  Law.  The  legality  of  the 
action  of  the  Respondent  on  December  9,  1912  is  not  a  controversy  or  dis- 
pute arising  under  the  School  Law  and  the  Commissioner  has,  therefore,  no 
jurisdiction. 

The  appeal  is  dismissed. 
April    2,    1913. 

Affirmed   by   State   Board   of   Education   June    14,    1913. 


DISCHARGE     OF     SUPERVISING     PRINCIPAL— TENURE     OF     SERVICE 

ACT. 

In     the     Matter     op     the    .Application 

of    jared     barfhite    to    be     reinstated 

As      Supervising      Principal      of      the 

School     District     of     the     Town     of 

West  New  York. 

Tennant  &  Haight,  for  the  Appellant. 
Francis  H.   McCauley,   for  the  Respondent. 

[Decision   of  the  Commissioner  of   Education.] 


SCHOOL  LAW  DECISIONS.  307 

The  Petitioner  was  employed  by  the  Respondent  as  Supervising  Principal 
of  Schools  continuously  for  the  four  years  ending  June  30,  1910.  He  was 
dismissed  from  his  position  as  Supervising  Principal  without  charges  having  been 
preferred  against  him  or  a  hearing  given  him  as  required,  by  Chapter  243 
P.   L.    1909. 

If  the  Petitioner  was  protected  by  the  provisions  of  said  law  the  action 
of   the   Respondent  was   illegal   and   null   and  void. 

In  the  case  of  Marsteller  vs.  The  Board  of  Education  of  Pleasantville, 
the  State  Board  of  Education  held  that  a  principal  or  teacher  who  rendered 
services  after  September  1,  1909  was  protected  by  the  provisions  of  Chapter 
243  P.  L.  1909,  even  though  he  was  serving  under  a  contract  entered  into 
prior   to   said   date,    and   which   contract   did    not   expire    until    after   said    date. 

The    Petitioner    was    employed    by    the    Respondent    in    1907    and    continued 
to  serve  without  interruption  until  June   1910.     He  was,   therefore,   protected  by 
the    law   above   referred    to,    and    the    action    of    the    Respondent    in    discharging 
him  was  null  and  void. 
April  2,   1913. 

[Decision  of  the  State   Board  of  Education.] 

This  is  an  appeal  by  the  Board  of  Education  of  the  Town  of  West  New 
York  from  a  decision  of  the  Commissioner  to  the  effect  that  its  act  in  dis- 
charging  Mr.   Barhite  was  null  and  void. 

No  evidence  was  taken  in  the  case.  Mr.  Barhite  was  a  supervising  prin- 
cipal in  the  public  schools  of  the  Town  of  West  New  York  for  four  successive 
years  prior  to  June,  1910.  In  that  or  the  preceding  month  a  successor  was  ap- 
pointed in  his  place.  Mr.  Barhite  protested  against  this  act  and  thereafter 
wrote  a  letter  to  the  Superintendent  of  Public  Instruction,  Mr.  Charles  J. 
Baxter.  He  received  in  reply  a  letter  setting  forth  the  rulings  of  the  de- 
partment in  regard  to  the  Tenure  of  Service  Act,  one  of  which  was  contrary 
to  his  contention  that  his  discharge  was  unlawful.  Mr.  Barhite's  applica- 
tion to  the  Superintendent  of  Public  Instruction  was  informal.  There  was, 
however,  nothing  in  the  law  which  prescribed  any  particular  form  in  which  school 
controversies  should  be  presented  to  the  Superintendent  of  Public  Instruction. 
Neither  is  there  anything  now  in  the  law  which  prescribes  any  particular  form 
in  which  matters  must  be  presented  to  the  Commissioner  of  Education  for 
his  decision.  Mr.  Barhite  sought  the  rulings  of  the  Superintendent  of  Public 
Instruction  with  regard  to  the  Tenure  of  Service  Act.  He  received  such 
rulings  and  there  is  no  suggestion  in  the  papers,  neither  was  there  upon  the 
argument,  that  he  did  not  understand  that  one  of  the  rulings  was  contrary  to  his 
contentions.  He  did  not  appeal  to  the  State  Board,  but  acquiesced  in  the  deter- 
mination of  the  Superintendent,  and  did  nothing  further  until  after  the  ruling 
of  this  Board  in  the  Marsteller  case. 

The  Board  of  Education  of  the  Town  of  West  New  York  had  every  reason 
to  believe  that  Mr.  Barhite  acquiesced  in  the  rulings  of  Mr.  Baxter.  We 
believe  Mr.  Barhite  has  had  his  day  in  Court  and  that  the  Commissioner  erred 
when  he  allowed  him  again  to  attempt  to  litigate  the  matter. 

July  10,   101s. 

Concurring  ooinion  of  Dr.  John  C.  Van  Dyke. 

Whether  action  was  begun  in  this  case  by  Barhite  in  1910  and  decided 
by  the  State  Superintendent  aga:nst  him,  seems  uncertain.  The  papers  do  not 
indicate   the  exact  facts  about  this.     Apparently   there  was  an  informal   petition 


3oS 


SCHOOL  LAW  DECISIONS. 


made  which  was  answered  by  the  State  Superintendent  in  a  letter  enclosing 
certain  decisions  of  the  State  Superintendent  under  the  Tenure  of  Service  Act. 
barhite  seems  to  have  accepted  these  decisions  as  covering  his  case,  and 
abandoned  any  further  thought  of  action.  If  he  did  not,  what  became  of  his 
suit?  If  he  started  one,  why  did  he  not  press  it?  If  decided  against  him, 
why  did  he  not  appeal  to  the  State  Board  of  Education  at  that  time?  Action 
now,  before  a  new  tribunal,  after  the  lapse  of  three  years,  certainly  argues 
negligence  for  which  the  Appellee  alone  should  be  held  responsible.  The 
argument  of  counsel  for  Appellant  on  that  point  seems  well  grounded.  Barhite 
was  guilty  of  laches  or  negligence  in  not  pressing  his  cause.  It  is  unreasonable 
to  suppose  that  the  Appellant,  the  Board  of  Education  of  West  New  York, 
could  or  should  wait  three  years  upon  the  movement  of  the  Appellee. 

Again,  if  the  Appellee  bases  his  present  claim  upon  the  ground  that  he 
has  not  been  heard  in  Court,  that  his  case  has  never  been  adjudicated,  and  that 
he  expressly  reserved  all  his  rights  in  his  protest  against  his  dismissal  in  iqio, 
the  same  question  arises.  Why  did  he  not  urge  his  claim  before  the  State 
Superintendent    in    1910?      Actions    must    be    begun    within    a    reasonable    time. 

The  Statute  of  Limitations  was  established  for  the  very  purpose  of  barring 
actions  not  started  within  a  reasonable  time.  Can  the  Appellee  contend  that 
three  years  is  a  reasonable  time  to  put  forth  his  claim?  The  Appellant  had 
to  make  new  contracts  or  go  on  with  the  old  one,  and  it  was  not  possible 
for  the  Board  of  Education  of  West  New  York,  the  Appellant,  to  wait  such 
a  length  of  time  upon  the  Appellee's  movements.  The  matter  could  have  been 
decision.  The  consequences  of  his  not  doing  so  should  fall  upon  his  own 
decision.  The  consequences  of  his  not  doing  so  should  fall  upon  his  own 
head  rather  than  upon  the  head  of  the  Board  of  Education  of  West  New 
York.  Whatever  rights  he  may  have  had  in  1910  under  the  Tenure  of  Service 
Act  he  has  lost  by  his  own  negligence,  either  by  failure  to  start  a  suit  in 
the  first  place,  or  failure  to  press  his  right  of  appeal  in  the  second  place, 
The  decision  of  the  Commissioner  is  reversed. 

An  appeal  in  this  case  was  taken  to  the  Supreme  Court.  The 
Supreme  Court  rendered  a  decision  under  date  of  February 
18,  1914,  dismissing  the  appeal.  An  appeal  was  then  taken  to 
the  Court  of  Errors  and  Appeals.  The  Court  of  Errors  and 
Appeals  has  as  yet  rendered  no  decision. 


(LECTION   OF   MEMBERS   OF   A   BOARD   OF   EDUCATION. 

William      F.      Comly      and      Giles       M. 
Roome, 

Appellants, 
vs. 

The     Board     of     Education     of     Pequan- 
nock   Township, 

Respondent. 


King  &    Vogt,    for  the   Appellants. 

J.    H.    Newbury,    Pres't,    and    Lewis    F.    Stilwell,    District    Clerk,    for    the 
Respondent. 

[Decision   of  the   Commissioner   of  Education.] 


SCHOOL  LAW  DECISIONS.  309 

The  schoo!  law  provides  that  the  annual  meeting  for  the  election  of  members 
of  a  board  of  education  shall  be  held  on  the  third  Tuesday  in  March,  and 
that  the  election  shall  be  by  ballot,  the  polls  shall  remain  open  one  hour,  and 
as  much  longer  as  may  be  necessary  to  enable  the  legal  voters  present  to 
cast  their  ballots,  and  further  that  if  members  are  to  be  elected  for  the  full 
term,  and  members  for  the  unexpired  term  the  ballots  shall  designate  the 
persons  who  are  to  serve  for  the  full  term  and  the  persons  who  are  to  serve 
for  the  unexpired  term.  In  this  election  there  were,  as  shown  by  a  recount 
in  the  office  of  the  Commissioner  of  Education,  sixty-seven  ballots  cast  which 
contained  no  designation  of  terms.  The  other  ballots  stated  the  terms  for 
ivhich    the    members    were    to    serve. 

An  election  should  not  be  set  aside  unless  the  evidence  of  fraud  or  ir- 
regularity is  such  as  to  cast  a  doubt  upon  the  result.  The  fact  that  the 
Chairman  of  the  meeting  stated  that  the  three  persons  receiving  the  highest 
number  of  votes  would  he  elected  for  three  years  and  the  fourth  person  would 
be  elected  for  two  years  may  possibly  have  influenced  soma  voters,  but 
to  declare  an  election  illegal  simply  on  that  account  would  be  to  place,  in 
my  opinion,  a  very  dangerous  power  in  the  hands  of  a  Chairman  of  a  meet- 
ing, it  would  enable  him,  if  he  so  desired,  and  if  he  were  inclined  to  de- 
feat  the  will  of  the  people,  to  make  such  statements  as  would  cause  such 
confusion  as  would  result  in  no  election. 

j\  voter  is  supposed  to  know  the  law,  and  when  he  casts  his  ballot  he  is  pre- 
sumed to  know   what  he   is  doing. 

Further,  even  had  the  motion  been  put  and  carried  by  the  people  it  would 
still  have  had  no  force  and  effect  for  the  reason  that  the  polls  must  remain  open 
one  hour  at  least.  A  voter  is  not  compelled  to  be  present  at  the  opening 
of  the  meeting.  He  may  come  in  any  time  during  the  hour.  When  he  comes 
he  is  entitled  to  cast  his  ballot.  He  cannot  be  deprived  of  that  right  by  any 
action  of  the  meeting,  prior  to  the  opening  of  the  polls.  When  a  voter  comes 
he  may  come  without  any  knowledge  of  any  such  ruling  having  been  made  by 
the  Chair,  or  having  bsen  adopted  by  the  meeting.  He  would  cast  his  ballot  as 
the  law  prescribes.  He  is  entitled  to  have  that  ballot  counted.  A  person  cannot 
be  deprived  of  his  right  to  vote  by  any  action  of  the  Chairman  or  of  the  meeting, 
provided  he  is  a  legal  voter. 

The  school  law  does  not  provide  any  method  for  holding  an  election  other 
than  that  there  shall  be  two  tellers  appointed,  and  that  the  voting 
shall  bs  by  ballot.  I  think,  therefore,  that  any  ballot  which  clearly  ex- 
presses the  intent  of  the  voter  must  be  counted.  The  sixty-seven  ballots  which 
were  cast  without  any  designation  of  terms  did  not  express  the  intent  of  the 
persons  casting  them.  They  must,  therefore,  be  rejected.  The  remaining  ballots 
which  designated  the  terms  must  be  counted  and  the  will  of  the  people  as 
expressed  by  those  ballots  must  be    respected. 

Now  as  regards  the  poll  list  and  tally  sheet.  The  law  prescribes  that 
the  poll  list  and  tally  sheet  shall  be  placed  in  the  envelope  with  the  ballots,  seal- 
ed, and  sent  to  the  County  Superintendent.  The  package  when  received  at  the 
Office  of  the  Commissioner  of  Education,  from  Superintendent  Hulsart,  was 
sealed  when  it  arrived.  It  was  then  opened  and  did  not  contain  the  tally  sheet 
and  poll   list. 

If  there  were  in  this  case  any  question  as  to  whether  there  were  persons 
who  voted  who  were  not  entitled  to  vote,  and  if  the  number  of  such  persons 
was  sufficient  to  change  the  result,  the  tally  sheet  and  poll  list  would  be  im- 
portant. There  is,  however,  no  controversy  on  this  point.  In  fact  it  is  ad- 
mitted that  no  question  is  raised  as  to  the  eligibility  of  any  of  the  voters. 


3io  SCHOOL  LAW  DECISIONS. 

I  think  that  the  failure  of  the  Secretary  of  the  meeting  to  enclose  the 
poll  list  and  tally  sheet,  under  such  conditions,  should  not  invalidate  the 
election. 

Messrs.    Lewis    Stilwell,    William    Warden    and    Munson    Zeliff    were    each 
elected  for  a  term  of  three  years,  and  Mr.  Abraham  Kayhart  was  elected  for  a 
term   of  two  years,   and   are   entitled  to   act  as  members   of  the   Board   of   Edu- 
cation. 
April    7,    1913. 

REMOVAL   OF    A   MEMBER   OF   A    BOARD   OF    EDUCATION    FOR    NOT 

ATTENDING    MEETINGS.     * 

George  W.  Mead, 

Appellant, 

vs. 

The   Board  of   Education   of   Pequannocx 
Township, 

Respondent. 

[Decision  of  the  Commissioner  of  Education.] 

If  a  member  of  a  board  of  education  is  absent  from  the  district  for  a 
long  period  of  time  consecutively,  and  absent  from  the  State,  so  that  it  is  im- 
possible to  notify  him,  I  think  that  notice  would  not  be  necessary..  But  where 
a  man  is  living  in  the  district,  and  can  be  served  with  a  notice,  notice  should 
be  given  for  the  reason  that  the  Board  must  be  able  to  show  that  the  member 
is  removed  for  cause.  It  may  be  that  a  member  of  a  board  of  education  through 
indifference  fails  to  attend,  but  that  is  not  within  the  official  knowledge  of 
the   members   of   the   Board. 

In  this   case  notice  should   have  been   given   before   action    was   taken. 
April    7,    1913. 

PERCENTAGE     OF     SALARY     TO     BE     DEDUCTED     FOR     TEACHERS'. 

RETIREMENT   FUND. 

In    the    Matter    of    the   Appeal    of    Ella 
M.  Bailey 

vs. 

The    Board   of   Trustees   of   the   Teach- 
ers'  Retirement   Fund. 

[Decision  of  the   Commissioner  of  Education.) 

The  Appellant,  at  the  time  she  became  a  member  of  the  Teachers'  Re- 
tirement Fund,  had  been  teaching  in  the  public  schools  in  this  State  for  a 
period  of  three  years.  Prior  to  becoming  a  teacher  in  this  State,  she  had  taught 
in   public  schools  in   other  States  for  a   period  of  about  fifteen  years. 

The  law  provides  that  there  shall  be  deducted  "three  per  centum  of  the 
contractual  monthly  salaries  of  all  members  of  the  fund  who  were  or  who 
shall    have  been   teachers,   or   shall   have   been    employed    as   is   hereinafter   pro- 


SCHOOL  LAW  DECISIONS.  311 

vided,  fifteen  years  or  more  when  they  became  or  shall  become  members  oi 
the  fund." 

the  monthly  salary  of  the  Appellant.  From  th's  action,  she  appealed,  claim- 
the  monthly  salary  of  the  Appellant.  From  this  action,  she  appealed,  claim- 
ing that  the  fifteen  years'  service  as  a  teacher  should  be  in  the  State  of  New 
Jersey  In  order  to  subject  her  to  a  deduction  of  three  per  centum  of  her 
salary. 

The  percentage  of  salary  to  be  deducted  for  the  Teachers'  Retirement 
Fund  is  based  on  the  total  experience  of  a  teacher  whether  such  experience 
shall  have  been  within  or  without  this  State.  A  teacher,  therefore,  who  has 
had  fifteen  years'  experience  in  another  State  and  accepts  a  position  in  New 
Jersey  is  liable  to  a  deduction  of  three  per  centum. 

The   appeal   is   dismissed. 
April  8,   1913. 

[Decision  of  the  State  Board  of  Education.} 

The  Teachers'  Retirement  Fund  is  made  up  of  certain  percentages  re- 
served or  deducted  from  each  warrant  or  order  for  salary,  given  to  each 
member  of  the  Fund.  From  some  warrants  2%  is  deducted,  from  others,  2j^%, 
and  from  others,  3%.  The  law  provides  that  3%  shall  be  deducted  from 
those  who  were  or  shall  have  been  teachers  fifteen  years  or  more  when 
they  become  or  shall  become  members  of  the  Fund.  The  Commissioner 
has  decided  that  the  fifteen  years  is  to  be  ascertained  by  computing  the  time 
a  teacher  has  taught,  whether  within  or  without  the  State.  No  good  reason 
has  been  advanced  to  show  that  the  Commissioner  erred  in  his  conclusions. 

A  careful  examination  of  the  entire  act,  and  more  particularly  that  part 
which  relates  to  the  annuity  to  be  received  by  a  teacher  on'  retirement,  coupled 
with  the  fact  that  teachers  of  experience,  whether  within  or  without  the 
State,  invariably  receive  a  larger  salary  than  beginners,  and  are  more  likely 
to  be  retired  in  a  shorter  time  than  beginners,  convinces  us  that  bis  conclusion 
was  correct. 

The  decision  of  the  Commissioner  is  affirmed. 

July  ii,  1913. 


REFUSAL  OF  COMMON  COUNCIL  TO  RAISE  AMOUNT  APPROPRIATED 
FOR  SCHOOL  PURPOSES  BY  THE  BOARD  OF  SCHOOL  ESTIMATE. 

Board    ok     Education     of     the     City     of 
Lambertville, 

Appellant, 
vs. 

The    Common    Council    of    the    City    of 
Lambertville, 

Respondent. 

W.  Holt  Apgar,  for  the  Appellant. 

Walter   F.    Hayhurst,   L.    H.    Sargeant  and   George   H.    Large,    for   the   Re- 
spondent. 

(Decision   of  the   Commissioner  of  Education.] 


312  SCHOOL  LAW  DECISIONS. 

The  Appellant,  at  a  meeting,  held  on  August  29,  1912,  adopted  resolu- 
tions requesting  the  Board  of  School  Estimate  to  appropriate  $75,000  for  'the 
purchase  of  land  and  the  erection  of  a  school  house. 

The  Board  of  School  Estimate,  at  a  meeting  held  on  September  9,  19 12, 
fixed  and  determined  the  sum  of  $75,000  as  necessary  for  the  purposes  named 
in  the  resolutions  of  the  Appellant. 

The  Respondent  has  neglected  and  refused  to  provide  the  amount  fixed 
and  determined  by  the  Board  of  School  Estimate,  and  pleads  in  justification  the 
following : 

1.  That  the  certificate  of  the  Board  of  School  Estimate  was  presented 
to  the  Common  Council  of  1912,  and  was  not  properly  before  the  Common 
Council  of   1913. 

The  evidence  is  that  the  resolution  was  presented  to  the  Common  Coun- 
cil in  September,  1912,  and  that  no  action  for  raising  the  $75,000  certified 
to  it  by  the  Board  of  School  Estimate  was  taken  by  the  Common  Council 
prior  to  its  reorganization  in  January,  1913.  The  certificate  of  the  Board  of 
School  Estimate  is  now  before  the  Common  Council,  and,  if  'the  proceedings 
on  which  such  certificate  is  based  were  legal,  the  Common  Council  must  raise 
said  sum  of  $75,000  and  place  it  at  'the  disposal  of  the  Board  of  Education. 

2.  The  second  contention  is  that  the  Board  of  Education  was  not  a  legally 
constituted  body. 

The  members  of  the  Board  of  Education  were  appointed  under  the  pro- 
visions of  Chapter  233,  P.  L.  191 1,  This  law  was  declared  to  be  unconstitu- 
tional in  the  case  of  Sheridan  vs.  Lankering,  83  A.  R.  641,  but  no  action  has 
been  taken  to  remove  said  members  and  until  they  have  been  removed  by  due 
process  of  law  they  continue  to  act  as  de  facto  members  and  their  acts  are  legal. 

3.  The  third  point  is  that  Archibald  G.  Smith,  who  acted  as  a  mem- 
ber of  the  B'oard  of  .School  Estimate  at  the  meeting  of  September  9,  1912,  was, 
not  a  member  of  said  Board. 

Smith  was  appointed  a  member  of  said  Board  on  February  7,  1912.  The 
minutes  of  the  meeting  of  the  Board  of  Education  held  April  24,  1912,  contain 
the  following: 

"The    President    named    the    following    Committee    according    to    the    new 
By-laws — Board  of  Estimate,   Mr.   Malloy  and   Mr.   Bowne." 

Section  73  of  the  School  Law  provides  for  the  appointment  annually  of 
two  members  of  the  Board  of  Education  as  members  of  the  Board  of  School 
Estimate.  These  appointments  are  to  be  made  during  the  month  of  January. 
Chapter  233  P.  L.  1912  removed  from  office  on  January  31,  1912,  all  mem- 
bers of  the  Board  of  Education  in  office  on  that  date.  The  appointment  of 
Mr.  Smith  in  February  was,  therefore,  to  fill  a  vacancy. 

Section  73  further  provides  that  "in  case  of  any  vacancy  occurring  in 
any  such  Board  of  Estimate  by  reason  of  the  resignation,  death  or  removal 
of  any  member  thereof  such  vacancy  shall  be  immediately  filled  by  the  body 
which  originally  appointed  such  member."  There  is  nothing  to  show  that 
Mr.  Smith  resigned  and  in  the  absence  of  such  resignation  there  was  no  va- 
cancy. Mr.  Smith  was  a  member  of  the  B'oard  of  School  Estimate  on  Sep- 
tember 9,  1912.  Even  if  there  had  been  a  vacancy  the  appointment  of  Mr. 
Bowne  was  null  and  void.  The  law  prescribes  that  such  vacancies  shall  be 
filled  by  the  Board.     The  power  cannot  be  delegated  to  the  President. 


SCHOOL  LAW  DECISIONS.  313 

There  is  some  question  as  to  whether  Mr.  Smith  was  notified  of  the 
meeting  of  the  Board  of  School  Estimate  called  for  September  9,  1912.  The 
Secretary  of  the  Board  testified  that  he  notified  Mr.  Bowne.  Mr.  Smith  de- 
clined to  testify  that  a  notice  of  the  'time  and  place  of  said  meeting  was 
given  or  sent  to  him.  He  testified,  however,  that  he  knew  of  the  meeting, 
and  thought  he  prepared  the  original  resolution.  A  special  meeting  of  a 
board  is  not  legal  unless  all  the  members  have  had  notice  of  the  time,  place 
and  purpose  of  the  meeting,  but  the  law  does  not  state  how  such  notice  shall 
be  given.  Mr.  Smith  was  present  at  the  meeting  of  the  Board  of  Education 
held  August  20,  1912,  at  which  the  resolution  requesting  the  Board  of  Esti- 
mate to  appropriate  the  $75,000  was  adopted  and  was  also  present  at  the 
meeting  of  'the  Board  of  Estimate  on  September  9th.  Had  he  not  been  present 
at  the  meeting  on  September  9th,  there  might  be  a  question  as  to  the  legality  of 
the  action  taken  on  that  date.  The  fact  that  he  was  present  is  sufficient  proof 
that  he  received  proper  notice. 

4.  The  fourth  point  is  that  the  resolution  adopted  by  the  Board  of  Educa- 
tion on  August  29,  1912,  was  irregular  in  that  it  did  not  state  separately  the  sum 
needed,  for  each  purpose. 

Section  76  of  the  School  Law  reads  in  part  as  follows : 

"Whenever  a  city  board  of  education  shall  decide  that 
it  is  necessary  to  raise  money  for  the  purchase  of  lands 
for  school  purposes,  or  for  erecting,  enlarging,  repairing 
or  furnishing  a  school  house  or  school  houses,  it  shall  pre- 
pare and  deliver  to  each  member  of  the  Board  of  School 
Estimate  of  such  school  district  a  statement  of  the  amount 
of  money  estimated  to  be  necessary  for  such  purpose  or 
purposes." 

It  is  evident  from  the  language  used  that  a  statement  of  'the  total  amount 
needed  for  all  the  purposes  named  in  the  statement  is  sufficient.  Had  it 
been  the  intention  of  "the  Legislature  that  the  amount  named  for  each  item 
should  be  stated  separately,  the  same  language  would  have  been  used  as 
in  section  74,  which  provides  the  method  of  making  appropriations  for  the 
current  expenses  of  the  schools.  In  that  section  it  is  expressly  provided  'that 
the  statement  shall  be  itemized. 

5.  The  fifth  point  is  that  the  Common  Council  was  unable  to  raise  'the 
money  for  the  reason  that  the  amount  fixed  and  determined  by  the  Board 
of  School  Estimate  was  in  excess  of  the  amount  which  the  Common  Council 
was  authorized  to  raise  by  the  issue  of  bonds  for  school  purposes.  The  law 
prohibited  the  Common  Council  from  issuing  bonds  for  school  purposes  in 
excess  of  a  sum  equal  to  three  per  centum  of  the  taxable  property  in  the 
district,  but  the  law  gives  to  said  council  the  option  of  raising  the  amount 
fixed  and  determined  by  the  Board  of  School  Estimate,  by  the  issue  of  bonds, 
by  direct  tax  or  both.  The  evidence  shows  that  the  borrowing  capacity  was 
about  $67,000.  Bonds  could  be  issued  for  that  amount  and  the  balance  of 
$8,000  raised  by  direct  tax.  The  Supreme  Court  in  the  case  of  Montclair  vs. 
State  Superintendent,  48  Vr.  68,  held  that  it  was  "mandatory  upon  the  body 
having  the  power  to  make  appropriations  raised  by  taxes  to  cause  the  amount 
to  be  raised  by  tax  or  to  borrow  the  same  and  secure  its  re-payment  by  the 
issue  of  bonds." 


314  SCHOOL  LAW  DECISIONS. 

The  Common  Council  further  attempts  to  justify  its  refusal  to  act  on 
the  ground  that  the  plot  elected  by  the  Board  of  Education  was  unsuitable, 
and  was  unsatisfactory  to  the  people  of  the  district.  Whether  the  plot  is 
or  is  not  suitable  is  not  to  be  determined  by  the  Common  Council.  The 
law  gives  this  power  solely  to  the  Board  of  Education.  The  Common  Coun- 
cil has  no  discretion  in  such  cases,  its  sole  duty  being  to  provide  the  amount 
of  money  fixed  and  determined  by  the  Board  of  School  Estimate. 

It  is  ordered  that  the  Common  Council  immediately  take  such  action  as 
will  place  at  the  disposal  of  the  Board  of  Education  the  $75,000  fixed  and  de- 
termined to  be  necessary  by  the  Board  of  School  Estimate  at  its  meeting  held 
September  9,   1912. 

April   8,    1 91 3 

[Decision  of  the  State  Board  of  Education.] 

In  August,  1912,  the  Board  of  Education  of  the  city  of  Lamberftville 
adopted  resolutions  requesting  the  Board  of  School  Estimate  to  appropriate 
$7S,ooo  for  the  purchase  of  a  certain  tract  of  land  "and  for  constructing  thereon 
a  new  school  building  and  furnishing  same  and  for  repairs  to  existing  school 
buildings." 

In  September,  1912,  the  Board  of  School  Estimate  certified  to  the  Com- 
mon Council  of  the  City  of  Lambertville  that  it  had  appropriated  the  sum  of 
$75,000  for  the  purpose  of  purchasing  a  certain  site  and  for  the  purpose  of 
erecting  a  school  building  thereon  and  that  such  sum  of  money  was  requested 
for  such  purposes,  for  furnishing  the  building  and  for  repairs  to  existing  school 
buildings. 

The  Common  Council  was  requested  to  take  proper  measures  to  raise  said 
sum  of  money  for  such  purposes. 

Section  74  of  the  School  Law  makes  it  the  duty  of  the  B'oard  of  Educa- 
tion of  each  City  School  District  on  or  before  the  15th  day  of  May  of  each 
year  to  prepare  for  the  Board  of  School  Estimate  an  itemized  statement  of 
the  amount  of  money  necessary  for  current  expenses  of  and  for  repairing  and 
furnishing  the  public  schools  of  the  District  for  the  following  year. 

Section  75  makes  it  the  duty  of  'the  Board  of  School  Estimate  between 
the  15th  of  May  and  the  first  of  June  to  fix  and  determine  the  amount  of 
money  necessary  for  the  use  of  the  public  schools  for  the  following  year  and 
to  certify  the  same  to  the  Common  Council,  Board  of  Finance  or  other  body 
in  the  City  having  power  to  make  the  appropriations. 

By  the  same  Section  it  is  provided  that  the  Common  Council  or  other 
body  "shall  upon  receipt  of  said  notice,  appropriate,  in  the  same  manner  as 
other  appropriations  are  made  by  it,  the  amount  so  certified  as  aforesaid." 

Section  76  provides  that  when  a  City  Board  of  Education  decides  that 
it  is  necessary  to  raise  money  for  the  purchase  of  land  for  school  purposes  or 
for  erecting,  enlarging  and  repairing  or  furnishing  a  school  house,  it  shall 
prepare  for  the  Board  of  School  Estimate  a  statement  of  the  amount  of  money 
estimated  to  be  necessary  for  such  purpose  or  purposes. 

By  the  same  Section  it  is  made  the  duty  of  the  Board  of  School  Esti- 
mate to  fix  and  determine  the  amount  necessary  and  to  certify  such  amount  to 
the  Common  Council  or  other  financial  body. 

By  the  same  Section  it  is  provided  that : 


SCHOOL  LAW  DECISIONS.  315 

"said  Common  Council,  Board  of  Finance  or  other  body  may  ap- 
propriate such  sum  or  sums,  for  such  purpose  or  purposes,  in  the 
same  manner  as  other  appropriations  are  made  by  it." 

It  will  be  noticed  that  it  is  provided  that  the  Common  Council  shall  appro- 
priate moneys  necessary  for  the  annual  running  expenses,  but  that  for  the 
purchase  of  land  and  erection  of  buildings  the  Common  Council  may  appro- 
priate the  moneys. 

In  this  case  the  Common  Council  evidently  believed  that  i't  rested  within 
its  discretion  whether  to  appropriate  $75,000  or  not  for  the  purchase  of  a 
site  and  the  erection  thereon  of  a  school  building,  for  funishing  same  and 
for  repairs  to  other  school  buildings.  I't  did  not  agree  with  the  B'oard  of 
Education  about  the  site  selected  by  the  latter  and  for  the  purpose  of  ascer- 
taining the  wishes  of  the  people  it  caused  a  ballot  to  be  taken,  which  had  no 
binding  effect,  but  which  was  purely  advisory.  At  such  ballot  412  votes  were 
cast,  46  of  which  were  in  favor  of  the  site  selected  by  the  Board  of  Education, 
353  in  favor  of  the  site  preferred  by  the  Common  Council,  while  13  were  rejected. 

Following  this  vote,  the  Common  Council  refrained  from  appropriating 
$75,000  requested  by  the  Board  of  Education  and  fixed  and  determined  by 
the  Board  of  School  Estimate.  Proceedings  were  instituted  before  the  Com- 
missioner by  the  Board  of  Education  to  compel  the  Common  Council  'to  raise 
the  $75, coo.  In  such  proceedings  the  Common  Council  offered  to  prove  that 
the  site  selected  by  the  Board  of  Education  was  not  a  proper  site.  The  Com- 
missioner declined  to  receive  the  evidence  on  the  ground  that  the  Common 
Council  had  no  discretionary  rights  or  powers  in  the  matter,  that  its  sole  duty 
was  to  raise  the  money,  the  amount  of  which  was  fixed  and  determined  by  the 
Board  of  School  Estimate. 

In  'the  case  of  Montclair  against  Baxter,  47  Vroom,  68,  the  Court  in 
the  course  of  its  opinion  wrote  that  when  the  Board  of  School  Estimate  has 
fixed  and  determined  the  amount  of  money  necessary  for  the  purchase  of 
land  and  the  erection  of  a  school  house,  the  Common  Council,  notwithstand- 
ing the  use  of  the  word  "may"  in  Section  76,  has  no  discretion,  but  must 
make  the  appropriation.  While,  in  view  of  the  actual  decision  rendered,  the 
language  of  the  Court  might  be  viewed  as  a  mere  expression  of  opinion,  still 
it  has  been  assumed  since  1908,  when  it  was  written,  to  be  the  law  and  to  be 
binding  upon   Common   Councils. 

In  view  of  this  decision  and  of  the  peculiar  facts  of  this  case,  it  has  been 
strongly  urged  that  proceedings  on  the  part  of  the  Board  of  Education  and 
the  Board  of  School  Estimate  for  the  purpose  of  raising  the  money  for  the 
purchase  of  land  and  the  erection  of  a  building  thereon  must  literally  and 
strictly  comply  with  the  Statute.  In  short,  counsel  for  the  Common  Council 
herein  contends  that  a  strict  rather  than  a  substantial  compliance  with  the 
Statute  is  necessary.  We  cannot  ignore  the  fact  that  Boards  of  Education  are 
not  composed  of  technical  lawyers  and  in  the  absence  of  a  decision  01  'the 
Court  we  are  unwilling  to  lay  down  a  rule  which  would  require  a  microscopical 
analysis  of  proceedings  for  the  raising  of  money  for  school  improvements.  To 
us  it  seems  sufficient  if  the  provisions  of  the  Statute,  fairly  construed,  are  com- 
plied with. 

This  case  was  very  fully  argued  before  the  Committee,  and  while  many 
points,  chiefly  of  a  technical  nature,  were  presented,  special  stress  was  laid 
upon  one.  It  was  urged  that  as  the  resolution  of  the  Board  of  Education  and 
also  of  the   Board  of  School   Estimate  called   for   the  purchase  of  a  particular 


3*6  SCHOOL  LAW  DECISIONS. 

site,  the  Common  Council  was  justified  in  declining  to  appropriate  the  money 
in  view  of  the  decision  in  the  case  of  the  Board  of  Education  against  Mont- 
clair,  47  Vroom,  59.  In  that  case  'the  resolution  of  the  Board  of  School  Esti- 
mate fixed  and  determined  the  amount  of  money  necessary  for  the  erection 
of  a  school  house  at  $75,000,  "on  condition  that  a  school  building  containing 
20  units  shall  be  erected."  The  Court  held  that  "the  resolution  by  its  very 
terms  was  conditional  upon  a  certain  kind  of  a  school  building  being  erected. 
The  Court,  therefore,  held  that  the  resolution  did  not  fix  and  determine  the 
amount  as  required  by  Statute  and  that  the  Common  Council  was  right  in  re- 
fusing to  appropriate  the  money. 

In  this  case  the  Common  Council  of  Lambertville  contends  that  the  reso- 
lution of  the  Board  of  School  Estimate  was  conditional  in  that  it  fixes  $75,000 
for  'the  purchase  of  a  particular  site,  etc.  As  we  understand  its  argument,  it  is 
that  the  resolution  is  the  equivalent  of  a  resolution  fixing  and  determining  $75,000 
for  the  purchase  of  a  site  and  the  erection  ot  a  building  thereon  on  condition 
that  a  particular  site  be  secured.  Pts  theory  is  that  if  it  is  conditional  to  fix  an 
amount  provided  a  certain  kind  of  a  building  can  be  secured  for  it,  it  is  just  as 
conditional  to  fix  an  amount  provided  a  certain  site  can  be  secured. 

In  this  case  the  Board  of  School  Estimate  absolutely  fixed  and  determined 
the  amount  of  money  necessary  to  carry  out  the  objects  of  the  Board  of  Edu- 
cation and  such  objects  included  the  purchase  of  a  particular  site.  In  the 
Mon'tclair  case  the  Board  of  School  Estimate  did  not,  as  the  Court  held,  fix 
and  determine  the  amount  necessary  for  the  objects  expressed  by  the  Board 
of  Education.  In  that  case  the  Board  of  School  Estimate  in  effect  said:  We 
fix  and  determine  the  sum  of  $175,000  on  condition  that  a  certain  result  can  be 
accomplished. 

In  this  case  the  sum  was  fixed  absolutely  as  required  by  Statute  and  pre- 
sumably the  Board  of  School  Estimate,  before  fixing  it,  ascertained  that  'the 
amount  of  $75,000  was  adequate  for  the  purchase  of  the  particular  site  and 
for  the  other  purposes  expressed  in  the  resolution  of  the  Board  of  Education. 

The  decision  of  the  Commissioner  is  affirmed. 

July  10,  1913- 

Affirmed  by  Supreme  Court,  90  Atlantic  Reporter,  242. 

ELECTION  OF  MEMBERS  OF  A  BOARD  OF  EDUCATION. 

William  A.  Bembridge,  et.  al., 

Appellant, 
vs. 

Board  of  Education   of   the   Borough   0? 
Roselle  Park, 

Respondent. 

Donald  H.  McLean,  for  the  Appellant. 
Harwood  Fish,   for  the  Respondent. 

[Decision   of  the  Commissioner  of   Education.] 

When  there  is  a  contest  over  the  election  of  members  of  a  board  of  edu- 
cation, and  a  request  is  made  for  a  re-count,  the  facts  presented  should  be 
such  as  would  constitute,  in  the  mind  of  any  reasonable  person,  a  grave  doubt 


SCHOOL  LAW  DECISIONS.  317 

as  to  the  correctness  of  the  count,  or  as  'to  the  number  of  legal  votes  cast  at 
the  election,  before  the  ballot  box  should  be  opened  and  a  re-count  made. 

In  this  case  there  is  a  charge  made  that  certain  ballots  were  cast  which 
did  not  con'tain  the  first  names  of  the  voters.  Admitting  that  these  ballots  were 
illegal,  there  were  not  enough  of  them  to  affect  the  result  and  the  remaining 
point,  therefore,  to  be  considered  is  whether  there  was  a  probability  of  enough 
illegal  votes  having  been  cast  to  affect  the  result. 

The  fact  is,  if  I  remember  correctly,  that  two  witnesses  testified  that  each 
one  of  them  knew  of  one  illegal  vote.  The  second  one  testified  tha't  the  illegal 
voter  of  whom  he  had  information  was  not  the  same  as  was  testified  to  by  the 
other  witness.  Admitting  tha't  these  two  were  illegal  the  result  would  still  not 
be  affected. 

There  is  no  evidence  to  show  that  there  were  any  general  attempts  at 
illegal  voting.  There  is  nothing  in  the  evidence  to  show  "that  there  was  any 
unusual  confusion  at  the  meeting.  There  is  no  evidence  to  show  that  there 
were  any  challenges  made,  or  that  there  was  any  question  raised  as  to  the  right 
of  any  person  present  to  cast  his  ballot. 

In  my  opinion,  the  will  of  the  people,  as  expressed  in  an  election,  should 
not  be  lightly  set  aside ;  and  that  before  there  is  a  re-count,  there  should  be 
some  evidence  that  there  was  more  than  a  probability  of  an  illegal  election  ; 
therefore,  the  appeal  is  dismissed. 

April   14,  i9x3. 

TENURE   OF   SERVICE   OF   TEACHERS. 

Ella  Conrow, 

Appellant, 
vs. 

Board  of  Education  of  Lumberton  Town- 
ship, 

Respondent. 

Richard  B.  Eckman,   for  the  Appellant. 
Davis  &  Davis,  for  the  Respondent. 

[Decision   of   the   Commissioner  of   Education.] 

It  is  admitted  that  the  Appellant  was  employed  as  a  teacher  in  the  schools 
under  the  control  of  the  Respondent  continuously  for  eight  years  at  the  close 
of  the  school  year  ending  June  30th,  1912,  and  that  the  Respondent  did  not 
assign  her  to  any  school  at  the  opening  of  the  fall  term  in  September  last. 

On  January  9'th,  19 13,  written  charges  that  she  was  incapacitated  from 
performing  her  duties  as  a  teacher  by  reason  of  deafness  were  filed  with  the 
Board  of  Education  of  Lumberton  Township;  on  January  13th,  said  Board,  after 
examining  witnesses  declared  the  charges  sustained  and  dismissed  her. 

Miss  Conrow  is  exceedingly  deaf,  and,  without  the  aid  of  some  mechanical 
device  is  undoubtedly  incapacitated  from  performing  the  du'ties  of  a  teacher. 
Her  deafness  has  been  of  long  standing,  and  it  is  evident  from  the  testimony 
that  the  condition  has  changed  very  little,  if  any,  since  she  was  first  employed 
by  the  Respondent  eight  years  ago.  Miss  Conrow,  since  the  close  of  school  in 
June,    1912,   has   procured   a   mechanical    device   known    as   the   "acousticon"   and 


3i8  SCHOOL  LAW  DECISIONS. 

with  this  she  is  able  to  hear  distinctly.  If  the  Respondent  was  of  the  opinion, 
as  is  shown  by  retaining  her  in  its  employ,  that  the  services  of  Miss  Conrow 
were  satisfactory  and  efficient  for  eight  years  while  her  difficulty  in  hearing 
was  about  the  same,  there  appears  to  be  no  good  reason  for  dismissing  her 
on  account  of  her  deafness,  after  she  had  secured  an  appliance  which  enables  her 
to  hear  almost,  if  not  quite,  as  well  as  a  person  with  normal  hearing. 

The  action  of  the  Respondent  in  dismissing  the  Appellant  was  in  viola- 
tion of  the  provisions  of  Chapter  243,  P.  L,  1909,  commonly  known  as  the 
"Teachers'  Tenure  of  Service"  law,  and  is,  therefore,  null  and  void. 

April   18,   1913. 

[Decision  of  the  State  Board  of   Education.} 

Miss  Conrow  was  a  teacher  in  the  employ  of  the  Board  of  Education  of 
Lumberton  Township.  In  January,  1913,  a  charge  was  preferred  that  because 
of  deafness  she  was  incapacitated  to  serve  as  a  teacher.  Evidence  was  taken 
at  a  hearing  of  which  she  had  notice.  The  charge  was  found  to  be  true  in 
fact  and  she  was  dismissed.  She  appealed  to  the  Commissioner  of  Educa- 
tion, and  he  ruled  that  her  dismissal  was  contrary  to  the  Tenure  of  Service 
Act,   and   therefore,   null   and   void. 

That  act  provides  that  a  teacher  who  has  been  charged  with  incapacity 
may  be  dismissed  if  she  has  been  given  a  trial  after  reasonable  notice,  and 
if  the  charge  has  been  found  true  in  fact  by  the  Board  of  Education  having 
charge  of  the  school  in  which  she  was  engaged. 

In  this  case  we  have  not  been  furnished  with  transcript  of  the  proceedings 
of  the  trial  before  the  local  board,  but,  from  the  argument,  we  infer  that  the 
evidence  adduced  before  it  was  substantially  the  same  as  that  before  the  Com- 
missioned. As  the  procedure  prescribed  by  the  Statute  was  followed,  hut 
two  questions  arise :  first,  was  the  charge  such  as,  if  found  true  in  face, 
would  justify  dismissal;  and,  second,  was  the  finding  that  the  charge  was  true 
in  fact  so  clearly  against  the  weight  of  evidence  as  to  lead  to  the  conclusion  that 
it  was  the  result,  not  of  honest  judgment,  but  of  passion  or  prejudice.  The 
charge  against  Miss  Conrow  was  that  she  was  so  deaf  that  she  was  incapacitated 
to  properly  perform  the  duties  of  a  teacher.  Hearing  is  so  essential  to  a 
teacher  that  we  cannot  say  that  its  substantial  impairment  is  not  just  cause  for 
dismissal.  That  Miss  Conrow  is  quite  deaf  is  admitted.  She  contends,  however, 
that  between  the  time  when  she  last  taught  and  the  time  of  her  trial  she  had 
purchased  an  acousticon  with  the  aid  of  which,  at  the  time  of  the  trial,  she 
could  hear  as  well  as  the  average  person.  It  is  urged  that  as  teachers  are 
permitted  to  wear  glasses  to  improve  their  vision,  those  with  defective  hear- 
ing should  likewise  be  allowed  to  wear  acousticons.  It  is  not  necessary  how- 
ever for  us  to  decide  to  what  extent  local  boards  must  submit  to  the  use  of 
instruments  by  teachers  to  overcome  defects.  On  the  trial  evidence  was  sub- 
mitted tending  to  show  that  the  acousticon  is  not  the  equal  of  the  normal  ear. 
In  fact,  it  was  admitted  that  hearing  with  it  is,  to  some  exent,  dependent  on  the 
direction   from    which    the   sound   comes. 

There  is  a  suggestion  that  the  Board  of  Education  of  Lumberton  Town- 
ship is  estopped  to  claim  that  Miss  Conrow  is  incapacitated  because  she  had 
been  in  its  employ  for  many  years  during  most,  if  not  all,  of  which  time  her 
hearing  was  defective.  We  cannot  subscribe  to  a  doctrine  that  a  Board  which, 
because  of  sympathy  or  other  reason,  tolerates,  an  inefficient  teacher,  thereby 
estops   itself  and   the   public  which   it   represents   from    dismissing   her.      If   such 


SCHOOL  LAW  DECISIONS.  319 

were  the  law,  a  sympathetic,  or  an  incompetent,  or  a  dishonest  Board  might  con- 
fer  a    life   tenure   on   an    absolutely    incompetent   teacher. 

The  decision  of  the  Commissioner  of   Education  is  reversed,   and  the  deter 
miration    of   the    Board    of    Education    of    Lumberton    Township,    affirmed. 
January   3,    1914, 

DISCHARGE  OF  TEACHER— TENURE  OF  SERVICE  ACT. 

Kohert     A.     Clayton,     Administrator     of 
Helen  R.  Sumner,  Deceased, 

Appellant, 
vs. 

Board     of     Education     of     the     City     of 
Orange, 

Respondent. 

Herbert  W.  Knight,  for  the  Appellant. 
Arthur  B.  Seymour,  for  the  Respondent. 

[Decision  of  the  Commissioner  of  Education.] 

The  Appellant  is  the  Administrator  of  the  goods,  chattels  and  credits  of 
Helen  R.  Sumner,  deceased. 

Helen  R.  Sumner  was  employed  as  a  teacher  in  the  schools  under  'the 
control  of  the  Respondent  from  1906  until  June  19 10.  In  April,  19 10,  she 
was  notified  that  "it  will  be  necessaary  to  engage  a  teacher  in  your  place 
next  year."  The  Appellant  protested  that  her  dismissal  was  in  violation  of  the 
provisions  of  Chapter  243.  P.  L.  1909,  known  as  the  "Teachers'  Tenure  of  Serv- 
ice" law,  and  reported  for  duty  at  the  opening  of  the  schools  in  September, 
1910,  but  was  not  permitted  'to  render  any  service  and  has  not  been  paid  any 
salary  since  the  close  of  school  in  June,  1910. 

Mrs.  Sumner  filed  in  this  Department  an  appeal  from  the  action  of  the 
Respondent  and  died  while  the  appeal  was  pending,  whereupon,  Robert  A. 
Clayton,  the  administrator  of  her  goods,  chattels  and  credits  was  substituted  as 
the  Appellant  in   this   matter. 

The  Respondent  denies  that  Mrs.  Sumner  was  protected  by  the  provisions 
of  the  Tenure  of  Service  law,  for  the  reason  'that  the  contract  between  her  and 
the  Respondent  was  entered  into,  prior  to  the  passage  of  said  law,  for  a  definite 
term,  which  did  not  expire  until  after  said  law  went  into  effect,  and  claims 
that  she  was  no't  dismissed,  but  was  not  reemployed  upon  the  expiration  of  her 
contract,  also  that  the  failure  to  re-employ  her  was  not  in  violation  of  the  pro- 
visions of  said  law,  for  the  reason  that  the  Legislature  had  no  power  to  impose 
its  conditions  in  the  case  of  a  teacher  who  had  entered  into  a  contract  prior 
to  the  date  on  which  said  act  went  into  effect,  and  for  a  definite  term. 

In  the  case  of  Marsteller  vs.  The  Board  of  Education  of  the  Borough  of 
Pleasantville,  the  State  Board  of  Education,  at  a  meeting  held  December  7th, 
19 12,  held  that  the  provisions  of  Chapter  243,  P.  L.  1909,  applied  to  all  teach- 
ers who  were  employed  after  September  1,  1909,  and  who  had  been  in  con- 
tinuous service  in  the  district  more  than  three  years,  and  that  making  said  act 
applicable  to  teachers  who  were  serving  under  contracts  entered  into  prior  to 
said  date  was  not  in  violation  of  the  provision  in  the  Constitution  prohibiting 
the  enactment  of  laws  violating  the  obligations  of  contracts. 


320  SCHOOL  LAW  DECISIONS. 

The  action  of  the  Respondent,  therefore,  in  refusing  to  re-employ  Mrs. 
Sumner  in  September,  iqio,  was  a  dismissal  and  a  violation  of  the  provisions 
of  the  "Teachers'  Tenure  of  Service"  law,  and  was  illegal,  null  and  void. 

April   18,   1913. 

[Decision  of  the  State  Board  of  Education.] 

This  case  comes  before  the  State  Board  of  Education  on  appeal  from  the 
decision  of  Assistant  Commissioner  Betts.  The  facts  are  agreed  upon  by  coun- 
sel and  the  case  hinges  upon  the  Tenure  of  Service  Act ;  first,  as  to  whether 
it  is  applicable  in  this  case,  and,  second,  as  to  whether  the  act  itself  is  con- 
stitutional. 

1.  The  statute  specifically  says  "the  service  of  all  teachers,  principals,  super- 
vising principals  of  the  public  schools  in  any  school  district  of  this  State  shall 
be  during  good  behavior  and  efficiency,  aftsr  the  expiration  of  three  consecutive 
years  in  that  district,  unless  a  shorter  period  is  fixed  by  the  employing  board." 
The  statute  goes  on  to  point  out  exactly  when  and  how  the  period  of  these 
years  shall  be  counted  by  saying  "Provided,  that  the  time  any  teacher,  principal, 
supervising  principal  has  taught  in  the  district  in  which  he  or  she  is  em- 
ployed at  the  time  this  act  shall  go  into  effect,  shall  be  counted  in  determining 
such  period  of  employment."  It  is  not  disputed  that  Helen  R.  Sumner  was 
a  teacher  employed  by  the  Board  of  Education  of  the  City  of  Orange  when 
this  act  went  into  effect,  (Sept.  1909),  'that  she  remained  in  the  service  of  the 
said  Board  for  nearly  a  year  after  it  had  gone  into  effect,  (i.  e.,  until  June  30, 
1910),  that  she  had  been  in  the  continuous  service  of  the  said  Board  for  some 
fourteen  years  prior  to  "the  passage  of  the  act  (i.e.  from  1896  to  1909).  With 
this  statement  of  the  facts  and  the  specific  statements  of  the  law  it  is  impos- 
sible to  reach  any  other  conclusion  than  tha't  the  said  Helen  R.  Sumner  was 
well  under  the  Tenure  of  Service  Act  and  entitled  to  its  protection. 

2.  In  the  case  of  Marsteller  vs.  the  Board  of  Education  of  the  Bor- 
ough of  Pleasantville,  the  State  Board  assumed  the  constitutionality  of  the 
Tenure  of  Service  Act.  It  does  so  again  in  this  case.  The  act  does  not 
prevent  school  boards  from  dismissing  teachers  and  terminating  contracts,  but 
provides  that  this  shall  be  done  in  a  deliberate  manner  and  upon  sufficient 
grounds.  It  provides  that  the  teacher  be  given  a  trial  and  heard  in  her  own 
defense.  There  seems  nothing  in  this  that  "impairs  the  obligation  of  con- 
tracts," as  that  clause  of  the  constitution  has  been  interpreted. 

The  decision  of  Acting  Commissioner  Betts  is  sustained  and  the  appeal 
dismissed. 

February   7,    I9'4- 


SCHOOL  LAW  DECISIONS.  321 

ELECTION  OF  MEMBERS  OF  A   BOARD   OF  EDUCATION. 

In  the  Matter  of  Allen   E.  Clough   and 
Theodore  C  Bkandeis, 

Appellants, 
vs. 
The   Board   of   Education    of   the    Town- 
ship of  South   Orange, 

Respondent. 

Jerome  T.  Congleton,  for  the  Appellant. 
Edward  D.  Duffield,  for  the  Respondent. 

[Decision   of   the   Commissioner   of   Education.] 

The  motion  to  recount  the  ballots  is  denied,  for  the  reason  that  there  is 
nothing  in  the  petition  that  questions  the  count,  and  that  matter  is  not  properly 
before  me. 

The  election  on  the  18th  of  March,  in  the  School  District  of  South  Orange, 
was  conducted,  I  think,  in  rather  a  loose  manner.  As  a  matter  of  good  prac- 
tice, the  ballots  should  be  counted  so  that  the  persons  present  can  judge  of 
the  result  as  the  count  proceeds,  and  a  wise  precaution  is  to  have  the  parties 
interested  present,  so  that  they  can  see  the  count  as  the  ballots  are  taken 
from  the  box.  The  school  law,  however,  is  not  specific  as  to  the  method  of 
conducting  a  school  meeting,  further  than  to  provide  for  the  election  of  a 
Chairman  and  Secretary,  and  the  appointment  of  tellers,  two  tellers  for  the 
box  for  the  members  of  the  Board  of  Education  and  two  tellers  for  the  box 
for  the  appropriations,  and  that  the  ballots  shall  be  counted  in  the  presence 
of  the  Chairman.  The  intent  of  the  last  provision,  namely,  that  they  shall 
be  counted  in  the  presence  of  the  Chairman,  is  that,  in  the  case  of  any  disputed 
ballot,  there  may  be  some  person  present  to  whom  it  can  be  referred,  who  shall 
have  final  judgment,  so  far  as  the  count  goes,  as  to  the  admission  or  rejection 
of    the   ballot,    and    also    to    see   that    the    count    proceeds    in    an    orderly    manner. 

I  do  not  believe  that  the  fact  that  other  business  was  transacted  after  the 
counting  began,  and  that  the  Chairman  had  his  back  turned  to  the  ballot  boxes, 
and  was  some  fifteen  or  twenty  feet  away,  would  justify  declaring  an  election 
null  and  void. 

There  is  nothing  in  this  evidence  to  show  that  there  were  illegal  ballots 
cast  or  that  the  count  was  incorrect.  There  is  simply  an  inference  that  it  might 
have  been  incorrect  because  it  was  not  supervised.  The  election  of  a  person 
to  public  office  should  not  be  declared  invalid  upon  inferences,  or  without  direct 
proof  of  fraud  or  proof  that  the  count  of  the  ballots  was  incorrect. 

The  appeal   is  dismissed. 

May  9,   1913. 

ORDER  WITHHOLDING  SCHOOL  MONEY  FROM  A  DISTRICT. 

In     the    Matter     of     Walter     G.     Davis, 

vs. 

The    Board   of    Education    of    the    Town- 
ship  of  Overpeck,   Bergen   County. 

John  Scott  Davison,  for  the  Appellant. 
William  J.  Morrison,  for  the  Respondent. 


322  SCHOOL  LAW  DECISIONS. 

[Decision  of  the  Commissioner  of  Education.] 

The  County  Superintendent  of  Schools  of  B'ergen  County  has  forwarded 
to  this  office  orders  withholding  from  the  school  district  of  the  Township  of 
Overpeck  all  State  moneys  now  in  the  hands  of  the  Custodian  of  the  School 
Funds  of  said  district  or  which  may  hereafter  come  into  his  hands.  The  reason 
assigned  for  the  issuing  of  this  order  is  that  "the  Board  of  Education  of  said 
school  districts  of  Overpeck  has  neglected  or  refused  to  comply  with  the  de- 
cision of  the  State  Board  of  Education  in  the  action  of  Davis  vs.  The  Board  of 
Education  of  Overpeck  Township."  Orders  issued  by  the  County  Superintendent 
withholding  school  moneys  from  the  school  district  do  not  become  effective  until 
approved  by  the  Commissioner  of  Education. 

The  question  now  before  me  is  whether  the  Board  of  Education  of  Over- 
peck Township  has  neglected  or  refused  to  perform  any  duty  imposed  upon  it 
by  the  school  law  or  by  the  rules  and  regulations  of  the  State  Board  of  Educa- 
tion, and,  if  so,  whether  such  refusal  or  neglect  is  sufficient  ground  for  with- 
holding from  the  school  district  of  the  Township  of  Overpeck  the  said  school 
moneys. 

The  State  Board  of  Education  decided  that  the  transfer  of  Mr.  Davis 
from  the  position  of  principal  to  the  position  of  assistant  teacher  in  the 
schools  under  its  control  was  illegal  and  said  Davis  was  under  the  protec- 
tion of  the  Tenure  of  Service  Act  as  a  principal  and  could  not  be  transferred 
to  another  position  without  his  consent.  I  am  of  the  opinion  that  the  decision 
of  the  State  Board  of  Education  reinstated  Mr.  Davis  as  principal  of  the  High 
School  in  the  Township  of  Overpeck  without  any  action  whatever  by  the  Board 
of  Education  of  said  school  district.  The  Board,  therefore,  has  not  neglected 
or  refused  to  perform  any  duty  imposed  upon  it  by  the  statute  or  by  the 
rules  and  regulations  of  the  State  Board  of  Education,  and  for  this  reason  the 
orders  forwarded  by  'the  County  Superintendent  will  not  be  approved. 

June  I,  i9'3- 

REDUCTION  OF  SALARY  OF  A  TRUANT  OFFICER. 

In  the  Matter  of  John  F.  Hall, 

Appellant, 
vs. 

The    Board    of    Education    of    Atlantic 
City, 

Respondent. 

Babcock  &  Champion,  for  the  Appellant. 
James  H.  Hayes,  Jr.,  for  the  Respondent. 

[Decision   of  the   Commissioner  of  Education.] 

The  Appellant  is  employed  by  the  Respondent  as  a  truant  officer.  He 
was  first  appointed  on  September  I,  19 10,  at  a  salary  of  seventy  dollars  per 
month.  The  following  year  his  salary  was  increased  to  eighty-five  dollars  per 
month,  and  continued  at  that  amount  until  October,  1912.  On  October  2,  1912, 
D.  F.  McDonald  presented  to  the  Respondent  the  following  charge  against  the 
Appellant. 


SCHOOL  LAW  DECISIONS.  323 

"To  the  Board  of  Education  of  Atlantic  City: 
I  desire  to  prefer  the  following  charge  against  John 
F.  Hall,  truant  officer  of  the  City  of  Atlantic  City,  that  the 
services  he  is  rendering  to  the  Board  of  Education  of  At- 
lantic City  are  not  commensurate  with  the  salary  received 
by  said  truant  officer,  said  salary  being  too  high." 

On  the  16th  of  October,  1912,  -the  Respondent  held  a  hearing  on  the  above 
complaint,  and,  at  a  later  date,  sustained  the  charge  and  adopted  a  resolution 
reducing  the  salary  of  the  Appellant  to  sixty-five  dollars  per  month.  I't  is  from 
this  action  that  the  appeal  is  taken. 

Chapter  275,  P.  L.  191 1,  provides  that  "the  services  of  all  truant  officers 
of  the  public  schools  in  any  school  district  in  any  city  of  the  State  shall  be, 
during  good  behavior  and  efficiency,  after  the  expiration  of  a  period  of  employ- 
ment of  one  year  in  said  school  district."  It  also  provides  that  "no  truant  offi- 
cer shall  be  dismissed  or  subjected  to  a  reduction  of  salary  except  for  ineffi- 
ciency, conduct  unbecoming  an  officer  or  other  just  cause,  and  after  a  written 
charge  of  the  cause  or  causes  shall  have  been  preferred  against  him  or  her, 
signed  by  the  person  or  persons  making  the  same." 

No  charge  of  "inefficiency  or  conduct  unbecoming  an  officer"  was  made 
against  the  Appellant,  and  the  charge,  therefore,  must  be  considered  as  having 
been  made  for  "other  just  cause." 

The  testimony  shows  that,  prior  to  the  beginning  of  the  present  school  year 
some  of  the  truant  officers  had  charge  of  two  schools  and  others  had  charge 
of  three  or  four ;  that  the  Respondent  at  the  beginning  of  the  year  appointed 
an  additional  officer  and  re-adjusted  the  work  so  as  to  give  each  officer  super- 
vision of  about  the  same  number  of  children.  Such  re-adjustment  is  assigned 
as  the  "just  cause"  for  reducing  the  salary  of  the  Appellant. 

The  Complainant,  who  is  also  Chairman  of  the  Committee  of  the  Board 
of  Education  having  charge  of  the  truant  officers,  testified  in  part  as  follows : 

Q.  And  you  think  that  because  their  districts  have  been  cut  down 
their  services  have  been  cut  down,  is  that  the  idea? 

A.     We  think  each  one  having  two  schools  can  give  more  efficiency. 
Q.     You   say    that    is    the    reason,    they   don't    have    as    extended    services 
now  because  they  have  less  district? 

A.  The  'Committee  felt  as  if  they  would  give  us  better  results.  Often 
at  the  meetings  they  would  say  "well,  now,  we  didn't  see  such  and 
such  a  man,  he  wasn't  at  home,  or  such  and  such  a  man,  but  we  will 
go  there  tomorrow,  and  this  girl  we  couldn't  find.  Now,  the  com- 
mittee felt  as  if  we  could  get  better  results  by  having  two  schools. 
Now,  Mr.  Burger  had  to  go  all  the  way  from  Michigan  Avenue  all 
the  way  to  Jackson,  covering  four  schools.  Now  that  was  entirely 
too  much  work  for  one  man." 

Q.  Has  this  change  in  the  districting  affected  the  amount  of  services 
these  persons  are  required  to   render? 

A.  We  thought  they  would  give  us  better  services  by  having  only  two 
schools. 

Surely    the    rendering    of    more    efficient    service    cannot    be    considered    as 
"just  cause"  for  reducing  officer's  compensation. 


324  SCHOOL  LAW  DECISIONS. 

Relieving  a  truant  officer  of  a  part  of  his  duties  is  not  "just  cause"  for 
reducing  his  salary.  To  adopt  such  an  interpretation  of  the  law  would  make 
it  possible  for  a  Board  of  Education  to  defeat  the  intent  of  the  law  by  reduc- 
ing his  salary  below  a  living  wage,  thereby  forcing  him  to  resign. 

The  resolution  adopted  by  the  Respondent  reducing  the  salary  of  the  Ap- 
pellant is  a  violation  of  the  statute,   and  is,   therefore,   null   and  void. 

June    13,    IL- 
LEGALITY OF  DISTRICT  SCHOOL  MEETING. 

A.  T.  Huser, 

Appellant, 

vs. 

The   Board    of    Education    of    the    Town- 
ship of  North  Bergen, 

Respondent. 

A.  T.  Huser,  for  himself. 

Francis  H.  McCauley,  for  the  Respondent. 

[Decision   of  the   Commissioner   of   Education.] 

In  the  complaint  in  this  case,  in  a  number  of  allegations  as  to  the  meet- 
ing of  March  18th,  the  question  as  to  the  election  of  the  members  of  the 
Board  of  Education,  was  dismissed.  The  complainant  admitted  that  he  could  no-t 
prove   the   proposition. 

There  is  nothing  in  the  testimony  to  show  that  there  was  any  action  a't 
the  district  meeting  of  March  18th  which  would  tend  to  invalidate  "the  vote  on 
the  bond  issue.  The  only  claim  is,  that  the  room  was  small  and  that  it  was 
difficult  for  persons  to  mark  'their  ballots. 

While  it  is  wise  to  provide  ample  opportunity  for  all  persons  to  exer- 
cise the  franchise  conveniently,  there  is  nothing  in  the  law  which  prescribes  any 
duty  on  the  part  of  the  Board  of  Education  except  to  select  a  place  where 
the  meeting  shall  be  held.  As  a  matter  of  fact,  a  Board  of  Education  is  under 
no  obligation  to  prepare  a  ballot.  It  is  done  purely  as  a  mal'ter  or  conveni- 
ence, and  very  properly  so,  but  the  law  does  not  recognize  any  special  form  of 
ballot. 

The  only  point  to  be  considered  then,  is  as  to  whether  or  not  the  post- 
ing of  'the  notices,  calling  the  meeting,  was  legal.  Of  course,  unless  the  Dis- 
trict Clerk  was  duly  authorized  to  insert  in  the  notices  the  items  relating  to 
the  bond  issue,  he  could  not  legally  insert  them  in  the  notices,  and  any  further 
action  relating  to  the  issue  of  bonds  would  be  illegal.  The  evidence  produced 
on  the  part  of  the  complainant  in  this  case,  on  this  point,  is  'to  the  effect  that 
he,  the  complainant,  did  not  hear  anything  said  at  the  meeting  of  February  27th, 
with  relation  'to  the  bond  issue.  My  impression  is,  he  also  stated  that  possibly 
nothing  was  said.  The  only  other  witness,  Mr.  Daly,  a  member  of  the  Board 
of  Education,  was  not  positive  as  to  the  date  on  which  he  testified,  and  his  tes- 
timony was  to  'the  effect  that,  as  far  as  he  could  remember,  nothing  was  said 
about  the  bond  issue. 

On  the  other  hand,  the  District  Clerk  testified  that  he,  himself,  offered 
certain    resolutions   which   appear   in   the   minutes   of  'the   meeting  of   the    Board 


SCHOOL  LAW  DECISIONS.  325 

of    Education.      His    testimony    is    supported    by    that    of    other    members   of    the 
Board  of  Education,  who  were  present  at  the  meeting. 

I    find,    therefore,    that    there    is    nt     infirmity    in    the    bonding    proceedings 
by   reason   of   failure   on   the   part   of   the    Board  of    Education   to   authorize    the 
Clerk  to  insert  the  bonding  items  in  the  notices.     The  appeal  is  dismissed. 
June  16,   1913. 

TRANSPORTATION    OF    PUPILS. 

William   L.  Foose, 

Appellant, 
vs. 

The  Board  of  Education  of  the  Town- 
ship of  Holland,  in  the  County  of 
Hunterdon, 

Respondent. 

O.   D.  McConnell,  for  the  Appellant. 
H.  J.  Able,  for  the  Respondent. 

[Decision   of   the   Commissioner   of   Education.] 

The  petition  in  this  case  charges  that  the  Respondent  has  neglected  and 
refused  to  provide  proper  school  facilities  and  accommodations  for  the  daugh- 
ter of  the  Appellant,  as  required  by  law,  in  that  it  has  not  provided  transporta- 
tion for  said  daughter  from  her  home  to  the  railroad  station  at  Bloomsbury. 

Section  i  of  Chapter  123  of  the  Laws  of  1907  reads  in  part  as  follows: 

"Each  school  district  shall  provide  suitable  school  facilities  and  accom- 
modations for  all  children  residing  in  the  district  and  desiring  to  attend  the 
public  schools  therein.  Such  facilities  and  accommodations  shall  include  proper 
school  buildings,  together  with  furniture  and  equipment,  convenience  of  access 
thereto,  and  courses  of  study  suited  to  the  ages  and  attainments  of  all  pupils 
between  the  ages  of  five  and  twenty  years.  Such  facilities  and  accomodations 
may  be  provided  either  in  schools  within  the  district  convenient  of  access  to 
the  pupils  or  as  provided  in  sections  117,  118  and  119  of  the  act  to  which  this 
act  is  an  amendment." 

Section  119  authorizes  a  board  of  education  to  send  a  child  who  has  com- 
pleted the  course  of  study  pursued  in  the  schools  in  the  district  in  which  he 
or  she  resides  to  a  school  of  a  higher  grade  in  another  district,  and  pay  a 
tuition  fee.  Sections  117  and  118  authorize  a  board  of  education  to  provide 
transportation  for  a  pupil  living  remote  from  the  school  it  is  required  to  attend. 

It  is  mandatory  upon  a  board  of  education  to  provide  suitable  facilities 
and  accommodations  for  all  pupils  between  the  ages  of  five  and  twenty  years, 
but  it  is  discretionary  whether  they  shall  be  provided  in  schools  within  the  dis- 
trict convenient  of  access  to  the  pupils  or  by  transportation  to  a  school  in  an- 
other district.  To  comply  with  this  requirement  of  the  law,  a  district  must,  in 
addition  to  school  houses  or  transportation,  provide  a  course  of  study  cover- 
ing a  period  of  at  least  twelve  years,  divided  into  three  grades,  commonly  known 
as  primary,  grammar  and  high  school  grades.     The  School  District  of  the  Town- 


326  SCHOOL  LAW  DECISIONS. 

ship  of  Holland  provides  in  the  schools  within  the  district  courses  covering  the 
primary  and  grammar  grades,  and  provides  for  the  education  of  pupils  who 
reside  in  the  district  and  who  have  completed  the  grammar  grade,  by  send- 
ing them  to  high  schools  in  other  districts. 

In  August,  1012,  the  Appellant  requested  the  Respondent  to  make  pro- 
vision for  the  high  school  education  of  his  daughter,  she  having  completed 
the  grammar  school  course. 

When  the  Appellant  presented  his  request  he  asked  that  the  Respondent 
provide  proper  transportation  for  his  daughter  between  her  home  and  the  High 
School.  The  Respondent  expressed  its  willingness  to  pay  carfare,  but  refused 
to  make  any  provision  for  transportation  between  the  home  of  the  Appellant 
and  the  station   at   Bloomsbury. 

After  repeated  requests  by  the  Appellant  for  transportation  to  Blooms- 
bury,  the  Respondent,  in  December,  19 12,  offered  to  pay  him  the  sum  of  one 
hundred  dollars  for  the  transportation  of  his  daughter  to  Bloomsbury,  during 
the  school  year  of  1912-13.  This,  he  refused  to  accept  and  demanded  that  he 
be  paid  the  sum  of  two  hundred  dollars. 

The  Appellant  has  transported  his  daughter  between  his  home  in  Blooms- 
bury every  day  she  attended  the  high  school  at  High  Fridge,  except  a  few 
days  when  she  walked,  and  has  not  received  any  compensation  from  the  Re- 
spondent. 

The  questions  to  be  determined  are: 

1.  Is  transportation  between  the  home  of  the  Appellant 
and  Bloomsbury,  necessary? 

2.  Is  the  amount  demanded  by   the  Appellant  just   and 
reasonable  ? 

3.  Has  the  Appellant  a  claim  against  the  Respondent  for 
services   rendered? 

"1.     Is  transportation  between  the  home  of  the  Appellant 
and  Bloomsbury,  necessary?" 

It  is  impossible  to  fix  any  definite  distance  within  which  transportation  is 
unnecessary,  and  beyond  which  it  must  be  provided.  The  age  and  sex  of  the 
pupil,  the  condition  of  the  roads,  the  distance,  and,  when  part  of  the  transporta- 
tion is  by  car,  the  time  of  departure  and  arrival  of  trains,  are  all  factors  in 
determining  the  necessity   for   transportation. 

The  Appellant  lives  nearly  four  miles  from  the  railroad  station  at  Blooms- 
bury, on  what  is  known  as  Musconetcong  Mountain.  The  road  bed  is  rough 
and  in  poor  condition.  The  daughter  of  the  Appellant  was  thirteen  years  of 
age  in  November,  1912.  I  am  of  the  opinion  that,  under  these  conditions,  the 
Board  of  Education  is  not  providing  suitable  school  facilities  and  accommo- 
dations when  it  refuses  to  transport  the  child  between  her  home  and  the  rail- 
road station. 

"2.     Is  the  amount  demanded  by  the  Appellant  just  and 
reasonable?" 

The  charge  of  one  dollar  per  day  for  providing  a  horse,  carriage  and 
driver,  for  two  round  trips,  over  a  rough  mountain  road,  the  total  distance 
traveled    per    day    being    nearly    sixteen    miles,    cannot,    by    any    stretch    of    the 


SCHOOL  LAW  DECISIONS.  327 

imagination,  be  deemed  to  be  an  unjust  or  unreasonable  compensation.  The 
amount  offered  by  the  Respondent,  one  hundred  dollars,  or  about  fifty  cents  per 
day,   is  an  entirely  inadequate  compensation. 

"3.     Has  the  Appellant  a  claim   against   the   Respondent 
for  services  rendered  t" 

Chapter  144  of  the  Laws  of  1909,  provides  that  "Every  parent,  guardian 
or  other  person  having  control  of  a  child  between  the  ages  of  seven  and  seven- 
teen years  inclusive  shall  cause  such  child  to  regularly  attend  a  day  school 
in  which  at  least  the  common  school  branches  of  reading,  writing,  arithmetic, 
spelling,  English  grammar  and  geography  are  taught  by  a  competent  teacher, 
or  receive  equivalent  instruction  elsewhere  than  at  school,  unless  such  child  is 
above  the  age  of  fifteen  years  and  has  completed  the  grammar  school  course 
(prescribed  by  the  State  Board  of  Education),  and  in  addition  thereto  is  regu- 
larly and  lawfully  employed  in  some  useful  occupation  or  service.  Such  regu- 
lar attendance  shall  be  during  all  the  days  and  hours  that  the  public  schools 
are  in  session  in  the  school  district  in  which  the  child  resides,'  unless  it  shall 
be  shown  to  the  satisfaction  of  the  Board  of  Education  of  the  school  district  in 
which  such  child  resides,  that  'the  bodily  or  mental  condition  of  such  child  is 
such  as  to  prevent  his  or  her  attendance  at  school.  If  such  child  be  under 
the  age  of  seventeen  years  and  has  completed  the  grammar  school  course  and 
is  not  regularly  and  lawfully  employed  in  any  useful  occupation  or  service,  such 
child  shall  attend  the  high  school  or  manual-training  school  in  said  school  dis- 
trict in  which  such  child  resides,  if  there  is  a  high  school  or  manual-training 
school  in  said  district ;  if  there  is  no  high  school  or  manual-training  school  in  said 
school  district,  said  child  shall  be  transported  to  a  high  school  or  manual-train- 
ing school  as  provided  in  the  act  to  which  this  is  an  amendment." 

Chapter  221  of  the  Laws  of  19 13  is  a  revision  of  'the  compulsory  attend- 
ance law,  but  the  provisions  relating  to  the  duty  of  a  parent  remain  practically 
the  same  as  in  the  section  above  quoted.  The  Appellant  was,  therefore,  com- 
pelled to  make  every  reasonable  effort  to  send  his  daughter  to  school  or  run 
the  risk  of  prosecution  as  a  disorderly  person,  under  the  provisions  of  Sec- 
tion 154  of  the  General  School  Law.  The  testimony  shows  that  he  made  re- 
peated demands  upon  the  Respondent  for  suitable  school  facilities  and-  accom- 
modations for  his  daughter,  and  "that  the  Respondent  neglected  and  refused  to 
provide  them.  He,  therefore,  in  order  that  his  daughter  should  not  be  de- 
prived of  an  education,  and  in  compliance  with  the  law  compelling  him  to  send 
her  to  school,  had  her  transported  between  his  home  and  the  railroad  station  at 
Bloomsbury.  I  am  of  the  opinion  that  had  the  Appellant  furnished  this  trans- 
portation without  first  having  demanded  'that  the  Respondent  perform  its  duty, 
he  would  not  be  entitled  to  any  compensation,  for  the  reason  that  a  Board  of 
Education  cannot  be  held  responsible  for  any  expense  incurred  without  i'ts  knowl- 
edge or  consent.  In  this  case,  however,  the  Appellant  made  every  effort  to 
induce  the  Respondent  to  comply  with  the  law,  and  the  Respondent  cannot  now 
evade  payment  of  just  compensation  on  the  ground  that  it  has  never  consented 
to  reimburse  the  Appellant  for  expenses  incurred  in  transporting  his  daughter. 
In  fact,  the  Respondent  admitted  that  it  was  indebted  to  him  when  it  offered 
to  pay  him  one  hundred  dollars. 

If  the  compensation  offered  by  the  Respondent  had  been  adequate,  the 
Appellant  could  have  refused  to  accept  it,  for  the  duty  of  providing  transporta- 
tion rests  in  the  Board  of  Education  and  not  on  the  parent.     The  Appellant  in- 


32S  SCHOOL  LAW  DECISIONS. 

formed  the  Respondent  that  he  would  not  accept  less  than  one  dollar  per  day. 
If  the  Respondent  deemed  that  an  unreasonable  charge,  it  should  have  made  a 
contract  with  some  other  person  to  transport  the  child.  The  Respondent  made 
no  attempt  to  comply  with  the  law,  except  the  offer  of  one  hundred  dollars, 
and  this  offer  was  not  made  until  the  County  Superintendent  of  Schools  stated 
that  the  district  was  in  danger  of  having  its  State  School  Moneys  withheld. 
Mr.  Foose  testified  in  part  as  follows: 

Q.  What  did  they  (the  Board  of  Education)  say  with  reference 
to  transporting  your  daughter  from  your  house  to-  the 
station? 

A.     They  wouldn't  do  it  unless  they  had  to. 

Q.     Who  said  that,  Mr.  Apgar? 

A.     Yes,  sir. 

Q.     What  is  his  name? 

A.     Mr.   Sylvanus  Apgar. 

Q.     Will  you  tell  ivhat  Mr.  Apgar  said? 

A.  Well,  that's  about  all  he  said,  they  knew  they  had  to  trans- 
port her,  but   they  weren't  going  to  until  they  had   to. 

Mr.  Apgar  is  a  member  of  the  Board  of  Education,  and  in  his  testimony 
admitted  that  they  were  a  "little  slow"  in  the  matter. 

If  a  Board  of  Education  can  ignore  applications  from  parents,  for  proper 
transportation  for  their  children,  and  can  neglect  and  refuse  to  provide  suitable 
school  facilities  and  accommodations  for  pupils,  and  then  refuse  to  reimburse  a 
parent  for  expenses  incurred  in  sending  his  child  to  school,  on  the  ground  that 
it  had  never  made  any  contract  with  him,  it  is  possible  for  it  either  to  deprive 
a  child  of  an  education,  or  to  cast  upon  a  parent  a  burden  which  the  law  places 
on  the  Board  of  Education. 

I  find  that  the  daughter  of  the  Appellant  is  entitled  to  transportation  at 
the  expense  of  the  district,  from  her  home  to  High  Bridge,  and  that  the  Ap- 
pellant is  entitled  to  receive  from  the  Respondent  the  sum  of  two  hundred 
dollars  for  expenses  incurred  by  him  in  transporting  his  daughter  between  his 
home  and  the  railroad  station. 

July    i,    1913- 


TRANSPORTATION  OF  PUPILS. 


George  Becker, 


Appellant, 

vs. 

The  .Board  of  Education  of  the  Town- 
ship of  Holland,  in  the  County  of 
Hunterdon, 

Respondent. 

O.  D.  McConnell,  for  the  Appellant. 
H.  J.  Able,  for  the  Respondent. 


SCHOOL  LAW  DECISIONS.  329 

The  petition  in  this  case  charges  that  the  Respondent  has  neglected  and 
refused  to  provide  proper  school  facilities  and  accommodations  for  the  son  of 
the  Appellant,  as  required  by  law,  in  that  it  has  not  provided  transportation  for 
said  son  from  his  home  to  the  railroad  station,  either  at  Bloomsbury  or  Ken- 
nedy. 

At  the  beginning  of  the  school  year  of  1912-13  the  Appellant  requested  the 
Respondent  to  make  provision  for  the  high  school  education  of  his  son.  In 
response  to  said  request,  the  Respondent  designated  the  High  School  at  Phillips- 
burg,  and  said  son  has  attended  said  High  School  during  the  current  year. 

The  Appellant  also  requested  that  transportation  for  his  son  be  provided,  and 
the  Respondent  agreed  to  pay  the  railroad  fare,  but  refused  to  pay  for  trans- 
portation between  his  home  and  the  railroad  station.  Later,  the  Respondent 
offered  to  pay  forty  dollars  for  such  transportation,  for  the  school  year  19 12-13, 
which  offer  the  Appellant  refused,  and  demanded  the  sum  of  two  hundred  dollars. 

The  son  of  the  Appellant  is  over  fifteen  years  of  age,  has  completed  the 
grammar  school  course  and  is  not  regularly  employed  in  any  useful  occupation 
or  service.  His  home  is  about  four  miles  from  the  railroad  station  at  Blooms- 
bury,  and  about  four  and  one-quarter  miles  from  the  railroad  station  at  Ken- 
nedy. The  questions  raised  in  this  case  are  the  same  as  those  in  the  case  of 
Foose  vs.  The  Board  of  Education  of  Holland  Township,  decided  this  day,  and, 
lor  the  reasons  stated  in  the  decision  in  that  case,  I  find  that  the  son  of  the 
Appellant  is  entitled  to  transportation  at  the  expense  of  the  district,  from  his 
home  to  Phillipsburg,  and  that  the  Appellant  is  entitled  to  receive  from  the 
Respondent  the  sum  of  two  hundred  dollars,  for  expenses  incurred  by  him  in 
transporting  his  son  between  his  home  and  the"  railroad  station. 

July   1,    1913- 


DISCHARGE  OF  SUPERVISING  PRINCIPAL— TENURE  OF  SERVICE  ACT. 

Hower  T.  Marsteller, 

Appellant, 

vs. 

The    Board    of    Education    of    Pleasant- 
ville, 

Respondent. 

Arthur  F.  Egner,  for  the  Appellant. 

B'abcock  &  Champion,  and  John  W.  Westcott,  for  the  Respondent. 

[Decision   of  the   Commissioner  of  Education.] 

The  Appellant  was  Supervising  Principal  in  the  School  District  of  the 
Borough  of  Pleasantville,  and  was  protected  by  the  provisions  of  Chapter  243 
of  the  laws  of  1909,  commonly  known  as  the  Teachers'  Tenure  of  Service  Act. 

Certain  charges  were  preferred  against  him  in  accordance  with  the  pro- 
visions of  said  act  and  after  a  hearing  by  the  Respondent,  he  was  found  guilty 
and   discharged   from   his  position   as   Supervising    Principal. 

In  the  decision  rendered  by  the  Respondent  no  mention  is  made  of  certain 
of  the  charges,  and  it  must  be  presumed,  therefore,  that  the  Appellant,  so  far 
as  said  charges  are  concerned,  was  acquitted. 


330  SCHOOL  LAW  DECISIONS. 

The  charges  which  the  Respondent  found  to  be  true  in  fact  were : 
"That  the  said   Hower  T.   Marsteller  in   the  performance  of  his  duties   and 
obligations  in  the  office  of  Supervising   Principal  is  inefficient." 

"That  the  said  Hower  T.  Marsteller  during  his  incumbency  in  the  said 
office  of  Supervising  Principal  of  the  schools  of  the  said  Borough  of  Pleasant- 
ville,  has  been  guilty  of  conduct  unbecoming  to  and  beneath  the  dignity  of  the 
conduct  of  the  office  of  Supervising  Principal  of  the  schools  of  the  Borough  of 
Pleasantville.  among  other  things,  as   follows:" 

"That  on  or  about  the  nth  day  of  October,  1909,  said  Marsteller,  with- 
out the  knowledge,  authority  or  consent  of  Harry  Helfrich,  Chairman  of  the 
Book  and  Supply  Committee  of  the  Board  of  Education  of  Pleasantville,  and 
without  the  knowledge,  authority  or  consent  of  the  Board  of  Education,  did  sign 
the  name  of  Harry  Helfrich  to  a  certain  order  directed  to  Hinds,  Noble  & 
Eldridge,  31-33  West  15th  St.,  New  York  City,  ordering  for  the  said  Borough 
certain  class  books." 

"That  the  said  Marsteller  on  or  about  May  9,  191 1,  visited  Harry  Helfrich 
at  his  store,  on  Main  Avenue,  in  the  Borough  of  Pleasantville  and  said  to 
said  Helfrich  that  if  he  (Helfrich)  did  not  vote  against  a  certain  resolution 
proposed  to  be  offered  for  passage  at  a  meeting  of  the  Board  of  Education  to 
be  held  on  said  May  9th,  which  said  resolution  was  reported  to  be  of  the 
effect  of  dismissing  said  Marsteller  from  the  employ  of  the  said  Board  of 
Education  as  Supervising  Principal,  he  would  ruin  the  reputation  of  said 
Helfrich   and   disgrace  his   family   and  do   all   he  could   against   him." 

"That  the  said  Marsteller  interfered  with  the  business  of  the  Board  of 
Education  by  taking  a  bill  for  supplies  sent  to  the  Board  of  Education  which 
was  in  the  possession  of  the  Board  of  Education,  without  leave  or  authority 
of  the  Board  of  Education ;  that  he  afterwards  admitted  on  or  about  December 
10.    1912,    in    the    presence   of   witnesses   that    he   had    stolen    the    bill." 

"That  the  said  Marsteller  paid  to  E.  P.  Wilson  of  Pleasantville  various 
sums  of  money  with  the  instruction  to  use  said  money  for  the  purpose  of 
purchasing  votes  for  the  election  of  Wilbur  Reed  as  a  member  of  the  Board 
of   Education." 

"That  the  said  Wilson  testified  to  said  fact  in  the  presence  of  William 
Connelly,    Mark    Sanders,    Harry    Helfrich    and    John    F.    Stephenson." 

"That  the  said  Marsteller  through  the  medium  of  the  Pennsylvania  Rail- 
road Company  intimidated  Wilbur  Reed  while  he  was  a  member  of  the  Board 
of    Education    of    Pleasantville,    in    the    following    manner,    to   wit:" 

"That  said  Marsteller  caused  Superintendent  Lovell  and  another  official  of 
the  Pennsylvania  Railroad  Company  to  call  up  and  talk  to  Wilbur  Reed  on 
the  telephone  and  that  the  said  Lovell  and  said  official  advised  said  Reed 
that  if  he  attended  the  meeting  of  the  Board  of  Education  to  be  held  May 
17,  1909,  and  did  not  vote  for  said  Marsteller  as  Supervising  Principal,  h« 
would  lose  his  position  with  said  company,  whereupon  said  Reed  said  to  said 
Lovell  and  said  official,  'I  will  neither  vote  for  Marsteller  or  lose  my  job ;  I  will 
stay  away.'  That  said  Wilbur  Reed  was  not  present  at  said  meeting.  That 
said  Marsteller  prior  to  said  meeting  called  upon  Mr.  Hugh  Collins  and  advised 
him  that  he  had  "fixed"  Reed  and  Nelson  and  requested  said  Collins  to  vote 
for   him." 

In  order  to  warrant  the  discharge  of  a  teacher  or  principal  on  the  general 
charge    of    inefficiency    it    must    be    clearly    proven    that    the    unsatisfactory    con- 


SCHOOL  LAW  DECISIONS.  331 

dition  of  the  class  or  school  is  due  to  the  inability  of  the  teacher  or  principal, 
against  whom  charges  are  preferred,  to  impart  instruction,  maintain  discipline, 
and  work  in  harmony  with  the  Board  of  Education  by  whom  he  is  employed 
and   with   the  teachers   with   whom   he   is  associated. 

Mr.  Marsteller  has  been  employed  in  the  schools  in  Pleasantville  for  eleven 
years,  and  during  nearly  all  the  time  as  Supervising  Principal.  The  evidence 
shows  that,  prior  to  1909,  the  schools  were  in  a  satisfactory  condition,  and 
that  there  was  no  marked  friction  between  Mr.  Marsteller  and  the  Board  of 
Education   or   with    the   teachers   under    his    supervision. 

It  is  very  evident  that  the  schools  in  Pleasantville  are  not,  at  the  present 
time,  in  as  high  a  state  of  efficiency  as  they  were  prior  to  1009,  but  it  it 
not    at    all    clear    that    the    deterioration    is    due    entirely    to    Mr.    Marsteller. 

From  May,  1912,  until  January,  1913,  Mr.  Marsteller  did  not  have  supervi- 
sion of  any  of  the  schools,  and  for  several  months  prior  to  May,  19 12,  his 
supervision  was  nominal. 

The  controversy  over  his  position  undoubtedly  was  one  of  the  causes  which 
led  to  the  unsatisfactory  condition  of  the  schools,  but  there  is  nothing  in  the 
evidence  which  warrants  the  conclusion  that  the  conditions  now  existing  are 
due   to   his   inefficiency. 

The  specific  charges  against  Mr.  Marsteller  come  under  the  head  of  "conduct 
unbecoming   a   teacher   or   other   just    cause." 

After  a  careful  consideration  of  these  charges  and  the  evidence  submitted 
in  support  of  them,  I  have  reached  the  conclusion  that  they  are  not  sufficient 
to    warrant    the    dismissal    of   the    Appellant. 

The  charges  are  dismissed,  and  the  action  of  the  Respondent  in  discharging 
Mr.  Marsteller  is  null  and  void. 

Aug.  28,  1913. 

SUITABILITY  OF  CERTAIN  PLOT  FOR  SCHOOL  PURPOSES. 

The    Common    Council    of    the    City    or 
Lambertville, 

Appellant, 
vs. 
The    Board    of    Education     of    the    City 
of  Lambertville, 

Respondent. 

Walter  F.  Hayhurst,  George  H.  Large  and  L.  H.  Sargeant,  for  the  Appellant. 
W.   Holt  Apgar,   for  the   Respondent. 

[Decision  of  the   Commissioner  of  Education.] 

The  Appellant  prays  that  the  plot  of  ground  selected  by  the  Respondent  as 
a  site  for  a  school  house,  be  declared  unsuitable  for  such  purpose,  assigning,  as 
a  reason,  that  it  will  be  impossible  to  provide  an  adequate  and  sanitary  method 
of    disposing    of    the    sewage. 

The  law  gives  to  a  Board  of  Education,  acting  under  the  provisions  of 
Article  VI  of  the  School  Law,  power  to  select  the  plot  on  which  a  school  house 
shall   be   erected. 

Section  126  of  the  School  Law  provides  that  the  County  Superintendent  of 
Schools    may,   with   the   approval    of   the    Commissioner    of    Education,    withhold. 


332  SCHOOL  LAW  DECISIONS. 

from  any  district  in  this  County,  the  moneys  apportioned  by  him,  to  such 
district,  whenever  it  fails  to  provide  suitable  school  facilities  and  accommodations. 

I  cannot  agree  with  the  Counsel  for  the  Respondent  in  his  construction 
of  Paragraph  3  of  Section  25  of  the  School  Caw.  To  limit  the  County  Superin- 
tendent in  giving  advice  to  a  Board  of  Education,  respecting  the  school  property 
under  its  care,  to  the  "construction,  heating,  ventilating  and  lighting  of  school 
houses,"  is  to  place  a  narrow  construction  on  the  Section,  which  is  not  warranted 
by  the  context.  The  language  above  quoted  applies  more  particularly  to  new 
buildings  which  the  Board  proposes  to  erect.  The  paragraph  gives  to  the 
County  Superintendent,  '"general  supervision  over  the  public  schools,"  and  directs 
that  he  shall  "note  the  condition  of  school  houses,  sites,  buildings  and  appurten- 
ances." If  he  finds  any  defects,  it  is  his  duty  to  call  the  attention  of  the  Board 
to  them  in  order  that  they  may  be  rectified. 

The  action  of  the  County  Superintendent,  in  the  case  under  consideration, 
was,  in  my  opinion,  taken  under  Section  126,  and  not  under  paragraph  3  of 
Section    25. 

If  Section  126  be  constructed  strictly,  ths  decision  of  the  County  Super- 
intendent was  premature.  It  would,  however,  be  improper  for  him  to  permit 
a  Board  of  Education  to  purchase  a  plot  of  ground  which  later  he  would  feel 
compelled  to  condemn  as  unsuitable.  The  County  Superintendent  was.  there- 
fore, justified  in  giving  a  decision,  and  acted  in  accordance  with  the  intent  of 
the  law. 

The  Counsel  for  the  Respondent  also  denies  the  jurisdiction  of  the  Com- 
missioner  of   Education. 

The  reasons  which  justified  the  County  Superintendent  in  taking  action  are 
equally    controlling    on    the    Commissioner    of    Education. 

The  only  question  to  be  decided,  therefore,  is. — Is  the  plot  selected  by 
the  Board  of  Education  of  Lambertville,  as  a  site  for  school  house,  unsuitable 
for  such  purpose,  within  the  meaning  of  Section  126  of  the  School  Law? 

The  location  of  Lambertville  is  almost  unique.  The  thickly  settled  part 
of  the  City  is  on  a  plain,  the  highest  point  of  which  is  barely  fifteen  feet  above 
high  water  mark.  The  street,  in  front  of  the  plot  under  consideration,  is  12.45 
feet  above  high  water  mark,  or  only  2.55  feet  below  the  highest  point.  The 
plans  show  that  the  basement  level  of  the  proposed  school  house  is  two  feet 
below  the  level  of  the  street,  and  that  the  floor  line  of  the  toilets  is  three 
feet  above  the  street  level.  Unless,  therefore,  there  is  some  condition  peculiar 
to  this  plot,  the  objection  to  its  use  for  school  purposes  would  apply  with 
equal  force  to  almost  any  other  plot  below  the  hill.  There  is  testimony  to  the 
effect  that  part  of  the  land  is  low  and  wet.  and  that  years  ago  it  was  used 
as  a  skating  pond.  The  testimony  of  Mr.  Arnett,  a  witness  produced  by  the 
Appellant,  shows  (see  page  2q)  that  this  applied  only  to  the  rear  half  of  the 
lot,  and  that  the  front  was  tillable. 

Cesspools  are  universally  used  in  Lambertville.  and  the  testimony  shows 
that  cesspools   located   directly   opposite   this   plot   have   been   entirely   satisfactory. 

The  Appellant  urges  that  locating  the  school  house  on  this  plot  may  create 
a  nuisance,  by  reason  of  the  sewage  seeping  into  the  creek.  Houses  are  located 
on  the  east  side  of  Main  Street,  south  of  this  plot,  but  there  is  no  evidence 
that    the    cesspools    connected    with    them    have    created    any    nuisance. 

The  evidence  shows  that  the  disposal  of  sewage  in  Lambertville  is  a  very 
difficult  nroblem,  and  that  if  a  school  house  is  erected  on  the  proposed  plot,  more 
than  ordinary  care  must  be  taken  in  providing  for  the  disposal  of  the  sewage. 
It   does   not   appear,   however,   that   the   difficulties   are   insuperable. 


SCHOOL  LAW  DECISIONS.  333 

The    appeal    is    dismissed. 
Sept.    23,    1913. 

(Decision  affirmed  by  the  State  Board  of  Education  September  12,  1914.) 

DISCHARGE    OF    SUPERVISING    PRINCIPAL— TENURE    OF    SERVICE 

ACT. 


Russell   M.   Fitch, 


Appellant, 


vs. 


The     Board     of      Education'     of      South 
Amboy, 

Respondent. 

Thomas    Brown,    for    the    Appellant. 
Samuel    Schleimer,    for    the    Respondent. 

[Decision  of  the   Commissioner  of   Education.] 

The  Appellant  ha3  been  the  Supervising  Principal  of  the  Schools  under 
the  control  of  the  Respondent  for  more  than  three  years,  and  is,  theretore, 
protected  by  the  provisions  of  Chapter  243  of  the  laws  of  1900,  commonly  known 
as  "The  Teachers'  Tenure  of  Service  Act,"  and  is  liable  to  dismissal  only  for 
"inefficiency,  incapacity,  conduct  unbecoming  a  teacher,  or  other  just  cause",  and, 
upon  written  charges,  and  after  a  hearing  by  the  Board  of  Education,  at  which 
he    may    be    represented    by    counsel. 

Charges  of  inefficiency  were  preferred  against  the  Appellant,  and,  after 
a  hearing,  the  Respondent  found  the  charges  to  be  true  in  fact,  and  there- 
upon adopted  a  resolution  dismissing  him  from  his  position  as  Supervising 
Principal. 

From  this  action,  he  appeals,  and  prays  that  the  action  of  the  Respondent 
be    declared    null    and    void — 

1st,     Because    the    action    taken    was    not    in    accordance    with    the 
the   provisions   of   the   Teachers'    Tenure   of    Service   Act,   and 
2d,     Because     the     charge     of    inefficiency     »/as     not    sustained     by 
the  evidence. 
The   Tenure   of   Service   Act  provides,   in   part,    as    follows : 

"No  principal  or  teacher  shall  be  dismissed  or  subjected  to  re- 
duction of  salary  except  for  inefficiency,  incapacity,  conduct  un- 
becoming a   teacher  or  other  just   cause and   after  the   charge 

shall  have  been  examined  into  and  found  true  in  fact  by  said 
Board  of  Education,  upon  reasonable  notice  to  the  person  charged, 
who   may   be   represented   by   counsel   at   the   hearing." 

It  appears  that  written  charges  were  filed  against  the  Appellant,  that  a 
copy  was  served  upon  him,  and  that  he  received  notice  to  appear,  on  a  certain 
date,  before  a  Committee  of  the  Board  of  Education,  at  which  time  a  hearing 
on  the  charges  would  be  held.  It  also  appears  that  he  applied  for,  and  was 
furnished    with,    blank    subpoenas    for    such    witnesses    as    he    desired    to    have 


SCHOOL  LAW  DECISIONS. 

summoned,  that  lie  appeared  at  the  time  and  place  stated  in  the  notice,  and  that 
witnesses  product:    ::    sustain  the  charges   were  cross-examined   by   his   counsel. 
The-?     ;   nothing  before  me  to  show  whether  or  not  witnesses  were  produced  in 
r  thai    any  person    -  i  to   aprear   and   testify   for  him.     It   also 

e  Committee  is  composed  of  all  the  members  of  the  Board  of 
Education  that  ail  the  members  were  present,  and  that  the  President  of  the 
Board  pres: : 

c     Vppd  :-'    asks    that    the    action    of    the    Board    of    Education    in    dis- 

m  :    og   him       he  declared   nuH  and  void,  for  the  reason  that   the   hearing  was 

he!:    before    a   Committee   of   the    Board,    and   not   before   the    Board    itself,    in 

: :  on. 

In   view   of   the    fad    that    ail    the   members    of   the   Board    were    present   at 

me    hearing     and  ~;        rross-examined   witnesses   then   present,    and 

at  the  hearing  bet': re   me  he  had  full  opportunity   to   pre- 
-^"         tnesses      -     I  s    behalf,     and  cross-examine    those    produced    by    the 

Respondent      I     am    of    the    opinion    that    there    was    a    substantia]    compliance 

Act,  and  that  his  rights  have  not,   in   any  wise,  been 
jeof    - 

careful    study    of   all   the   evidence.    I   am    of   the   opinion    that   the 
is    teen    ir  in    the    discharge    of    his    duties    as    Superivising 

Principal. 

TTm    appe  al  is  dismissed. 
October    13,    1913. 

[Decision  of  the  State   Board   of  Education.] 

Hi     Fit  pal  in  the  employ  of  the  Board  of   Educa- 

tion of  South  and  protected  by  the  provisions   of  the  Teachers'   Tenure 

of  t.      On    or    about    the    2d    of     '.--.'..    1913,    written    charges    were 

preferred  against  him.     On  tl  Apt      he  was  notified  that  the  Teachers' 

Committee  would   hold   a   Bear  ng   upon   the   16th   and   he   was  requested   to   sub- 
-•"     a    list   of   a-  s    whose    presence   he    desired,    so    that 

-ould  be  prepared.  A  trial  was  held,  the  Committee  rendered  a 
report,  and  the  Board,  on  or  about  the  30th  of  April,  unanimously  adopted  a 
resoluti  ining  the  charges.     The  Board  also  unanimously  resolved  that  Mr. 

Pit:  would  not  be  required  after  the  close  of  the  school  year  19 12-10 13. 

Mr.    Fitcn    appealed   to   the    Commissioner   of    Education,    and    evidence   was 
~    '  The    record    and    briefs    submitted    to    us    aggregate    about    six 

hundred   pages,   and   we    have   carefully   examined    same.      The    record    does    not 
-     :de  a  trai  of  the  proceedings   on   the  trial  before  the  Teachers'   Com- 

m  the  record,  however,  we  assume  that  substantially  the  same  facts 
except^  !    relating   to    the   defense    of   Mr.    Fitch    were   brought    out   upon 

that    trial    as   upon    the    hearing   before    the    Commissioner.      The    Commissioner 
arious  objections  urged  in  behalf  of  Mr.   Fitch  and  overruled  same. 
With  regard  to  the  merits,  he  wrote : 

"After  a  careful  study  of  all  the  evidence,  I  am  of  the 
opinion  that  the  Appellant  has  been  inefficient  in  the  discharge 
of  his   duties   as   supervising  principal." 

Tv.  -  e  grounds  are  urged  as  reasons  for  the  reversal  of  the  determina- 

tion  of    the    Commissioner    and    of    the    Board    of    Education    of    South    Atnboy. 


SCHOOL  LAW  DECISIONS.  335 

We    have    examined    all.  n    which    the    most    reliance    13    placed 

three-fold. 

First:     That  the  w:  rges  were  insuffic- 

Second :      That   the   hearing   si  •  I 

tion   of    South   Amboy    and   not   by    any   committee. 

Third:     That  the  evidence  failed  to  e-  "r.  Fitch  *a- 

V.'e  do  not  ur.  ny  claim   is  made   that 

as  to  the  mean:  •  -  m.      I:  sarj 

that  such   charges   should   have  been    prepared    wil  precision  of  ai 

ment.     In  cur  opinion,   the  charges  were   5  them   so 

apprised    of   the    complair.ts    z:  be    understood    their    r.::.::e    and 

lid,  if  he  so  des in  pare  to  me;-  A   reading  of  the        irj    -    :i;srly 

shows   that  plaints  ag         -    Mr.    Fitch    were,   that   there    was    do    systt 

supervision  or  help  to  the  U  the  schools  were  not  up  t:  the   standard 

and  that  they  had  been  deterior.'  og  i  tea  over  tl  rs.     The 

charges  could  perhaps  have  been  drawn  with  greater  ean- 

•  .    was    quite    clear.    ?.nd    to    tl  "3ge    mir  Mr.    7 

was    charged    with    inerficien : 

The    second    oh  1  strong         1  -  a  cd      •  t  the  I      rii  , 

was   conducted   by    the    Teachers'    Committee    and    net  I    c    Eer.rd    of    Educa- 

tion.     The    Commissioner    carefully    exam::-'     this  1       we    see    r.o 

reason  to   differ  from   the   coi        sion   reach:  The    Committee   is   corn- 

ed of  all  the  member?   of  the   Board  of  E  A  1   the   members   of  the 

Board    were   present    at    the    he   -  ng     and    the    t'e;  lent    presided.      Under 
circumstances  we  cannot  see  that  the  labelling  of  all  the  members    »f  the  B' 
as   a  Teachers'    C  -"e.    rather  than   as  a   Bo~rd.   vitiated    the    proceedings 

The              objection   relates    to   the  merits.     In   a  woi  charge 

against   Mr.    Fitch   was                -    was   a   supervisor  who   did   not    supervise       I    - 
Board  unanimously  decided   that  the   charge   was    susta  _  e  ;       Upon    a    new   he   - 
ing  before  the   Commissioner,   he.    also,   was  of  the   o     -     -     t '■-•    Mr     Fitcn 
been    inefficient    in    the        -      irge    of    his    dot     -  sing    principal.      wr 

Fitch  now  urges  that  we  should  he  convinced  "beyond  a  preponderance  of 
evidence"  that  he  was  inefficient  and  incapable.  As  we  have  today  indicated 
in    another   case,    it    is    jut    m    that   we    should    not    interfere    wil  de- 

termination of  a  local  Board  of  Education  nr.'.ess  it  appears  '  I  bs  coi  :  sion 
was    the    result,    not    of    honest    judgment,    but    c-  -     n    prejudice.      The 

Tenure    of    Service    Act    provides    that    all    charges    shall    be    examined    :" 
the   local   Board   of   Education,    and   that   if   such    Board   finds   they   are   true   in 
fact,   the   teacher  may  be   dismissed.     The   Legislature   has   impos 
determining    if    the    charges    are    true    in    fact    upon    the    local    Board.     Where 
evidence    against    a    teacher    is    clear,    or   where,    if    net    entirely    clear,    there    is 
room    for    an    honest    difference    of    opinion,    we    should   not    interfere    with    the 
determination   of   the   local    Board.      To   do    so    would    mean    that    we   could   sub- 
stitute   our   judgment    in    place    of    its    judgment,    a    substitution    which,    in    rat 
opinion,    would    be    unauthorized    and    contrary    to    the    intention    of    the    Leg 
lature.      Where    a    Board    unanimously    decides    that    a    su-erv:s:ng    principal    is 
inefficient  and  where  the   Commissioner  after  a   very  careful   trial   likewise    : 
eludes  that  he  is  inefficient,  we  should  be  slew  to  interfere.     From  an   examina- 
tion   of   the   evidence,    we   cannot    say   that    the    conclusion    that    Mr.    Pitch    was 
inefficient  was  the  result  of  passion  or  prejudice  rather  than  of  honest  judgment 


336  SCHOOL  LAW  DECISIONS. 

The    decision    of    the    Commissioner    of    Education    is    affirmed. 
January    3.    1014. 

APPROPRIATIONS  IN  CITY  SCHOOL  DISTRICTS. 

The  Board  of  Education  of  the  City  of 
Bridgeton, 

Appellant, 
vs. 

The    Common    Council    of    the    City    op 
Bridgeton, 

Respondent. 

Jacob  B.  Jones,  City  Clerk,  for  the  Appellant. 

George  W.   McCowan,   Sec'y.   Board  of  Education,   for  the  Respondent. 

[Decision  of  the  Commissioner  of   Education.] 

It  appears  that  the  Board  of  Education  of  the  City  of  Bridgeton  requested 
the  Board  of  School  Estimate  to  appropriate  the  sum  of  $75,000  for  the  pur- 
pose of  erecting  a  new  High  School  building  in  said  city  and  that  the  Board 
of  School  Estimate  appropriated  said  amount  and  certified  its  action  to  the 
Common  Council,  the  body  having  the  power  to  make  appropriations  of  money 
raised  by  the  tax  in  said  city,  on  August  19,  1913.  The  said  amount  has  not 
been  raised  and  the  Board  of  Education  has  applied  to  the  Commissioner  of 
Education  for  relief. 

It  does  net  appear  that  there  was  any  irregularity  in  the  proceedings  of 
the  Board  of  Education  or  the  Board  of  School  Estimate,  but  the  Common 
Council  has  neglected  to  provide  the  amount  appropriated  and  has  adopted  a 
preamble  and  resolutions  requesting  certain  information  from  the  Board  of  Edu- 
cation.    Said  preamble  and  resolutions,  read,  in  part,  as  follows : 

"Whereas,  The  City  Council  of  the  City  of  Bridgeton  is  vested  with 
the  power  to  make  appropriations  of  money  raised  by  tax,  and  is 
responsible  for  said  appropriations  when  so  made," 

"Resolved,  That  it  is  the  opinion  of  the  City  Council  of  the  City  of 
L'ridgeton  that,  as  the  body  responsible  for  the  city  finances  and  for 
the  tax  burdens  placed  upon  the  people,  the  City  Council  is  entitled 
to  have  full  and  accurate  knowledge  of  a  situation  which  demands, 
in  addition  to  the  large  annual  school  expenses,  an  appropriation  of 
$75,ooo." 

It  is  evident  from  the  above  quotations  that  the  City  Council  is  mistaken 
as  to  its  powers  and  duties  wi'th  reference  to  the  public  schools.  It  appears 
to  be  under  the  impression  that  the  Board  of  Education  is  a  department  of  the 
city  government  and,  therefore,  subject  to   the  supervision  of  the  City  Council. 

There  are  two  classes  of  school  districts,  known  respectively  as  "City 
School  Districts"  and  "Township,  Incorporated  Town  and  Borough  School  Dis- 
tricts." City  School  Districts  are  governed  by  the  provisions  contained  in  Ar- 
ticle VI  of  the  School   Law. 


SCHOOL  LAW  DECISIONS.  337 

Bridgeton,  being  a  City  School  District,  is  governed  by  the  provisions  of 
said  Article,  and  the  Board  of  Education  is  incorporated  under  section  45  of 
the  School  Law,  and  is  a  municipal  corporation  separate  and  distinct  from  the 
city  government. 

The  intent  of  the  law  to  keep  the  finances  of  the  School  District  entirely 
separate  from  those  of  the  municipality  in  which  the  School  District  is  situate 
is  clearly  shown  in  the  provisions  contained  in  section  185,  which  reads  as 
follows : 

"Nothing  in  this  article  shall  be  construed  as  giving  to  the  township 
committee,  common  council  or  o'ther  governing  body  of  any  munici- 
pality any  control  over  moneys  belonging  to  the  school  district  in 
the  hands  of  the  custodian  of  the  school  moneys  of  said  district,  but 
said  moneys  shall  be  held  by  such  custodian  in  trust,  and  shall  be 
paid  out  by  him  only  on  orders  legally  issued  and  signed  by  the 
president  and  district  clerk  or  secretary  of  the  board  of  education; 
any  ordinance,  by-law  or  resolution  of  a  township  committee,  com- 
mon council  or  other  governing  body  of  any  municipality  attempting 
to  control  such  moneys,  or  which  shall,  in  any  way,  prevent  the  cus- 
todian of  school  moneys  of  the  school  district  from  paying  the  orders 
of  the  board  of  education  as  and  when  they  shall  be  presented  for 
payment  shall  be  absolutely  void  and  of  no  effect,"  and  in  section 
246,  which  provides  that  school  districts  shall  be  governed  solely  by 
the  provisions  of  the  general  school  law. 

It  is  very  evident  from  the  above  quotations  that  the  Common  Council 
has  no  control  over  school  moneys,  and  that  whatever  powers  and  duties  it 
has  in  relation  to  the  public  schools  are  such  as  are  conferred  or  imposed  upon 
it  by  the  School  Law. 

These  powers  and  duties  are  found  in  sections  73,  75  and  76.  Section  73 
provides  for  the  appointment  of  two  members  of  the  Common  Council  as  mem- 
bers of  the  Board  of  School  Estimate ;  section  75  makes  it  mandatory  upon  the 
Common  Council  to  raise  the  amount  certified  to  it  by  the  Board  of  School 
Estimate  as  necessary  for  the  maintenance  of  the  schools,  and  section  76  directs 
the  Common  Council  'to  raise,  either  by  direct  tax  or  by  the  issue  of  bonds,  the 
amount  certified  to  it  by  the  Board  of  School  Estimate  as  necessary  for  the 
purchase  of  land  for  school  purposes  and  for  erecting,  enlarging,  repairing  or 
furnishing  school  houses. 

In  the  case  of  The  Town  Council  of  Montclair  vs.  The  Stats  Superin- 
tendent, 47  Vr.,  68,  the  Supreme  Court  held  that  "Under  section  76  of  the 
School  Law  when  the  Board  of  School  Estimate  has  fixed  and  determined  the 
amount  necessary  for  the  purchase  of  land  and  erection  of  a  school  house,  it  is 
mandatory  upon  the  body  having  the  power  to  make  appropriations  of  money 
raised  by  'tax  to  cause  the  amount  to  be  raised  by  tax  or  to  borrow  the 
same  and  secure  its  payment  by  the  issue  of  bonds." 

The  Board  of  Education  and  the  Board  of  School  Estimate  having  com- 
plied with  all  the  requirements  of  the  law,  and  the  amount  of  the  appropria- 
tion having  been  determined  by  the  Board  of  School  Estimate,  the  failure  of 
the  Board  of  Education  to  forward  to  the  Common  Council  the  information 
requested  in  the  resolutions  above  referred  to  does  not  constitute  a  valid  ex- 
cuse for  the  failure  of  the  Common  Council  to  perform  the  duty  imposed  upon 
it  by  section  76  of  the  School  Law. 


33S  SCHOOL  LAW  DECISIONS. 

The  Common  Council  has  no  power  to  increase  or  decrease  the  amount 
certified,  the  right  to  determine  the  amount  necessary  to  be  raised  for  school 
purposes  being  vested  solely  in  the  Board  of  School  Estimate ;  neither  is  it  in 
any  wise  responsible  for  expenditure  of  school  moneys. 

It  is  the  duty,  therefore,  of  the  Respondent  immediately  to  raise  and  place 
to  the  credit  of  the  Appellant  the  sum  of  seventy-five  thousand  dollars  for  the 
erection  of  a  high  school  building. 

Oct.  31,   1913- 

APPOINTMENT   OF   MEMBERS   OF   A   BOARD   OF   EDUCATION. 

In    the    Matter    of    Philip    Lasher    and 
Arthur  Briesen, 

Appellants, 

vs. 
The   Board   of   Education    of   the  Town- 
ship of  Weehawken, 

Respondent. 

Francis  H.  McCauley,  for  the  Appellants. 
William  C.  Asper,  for  the  Respondent. 

[Decision  of  the  Commissioner  of  Education.] 

Prior  to  1910  the  School  District  of  the  Township  of  Weehawken  was 
governed  by  the  provisions  of  Article  VII  of  the  School  Law,  and  the  mem- 
bers of  the  Board  of  Education  were  elected  at  the  annual  school  meeting  on 
the  third  Tuesday  in  March  of  each  year.  At  the  general  election  held  in 
November,  1910,  the  legal  voters  accepted  the  provisions  of  Article  VI.  The 
method  of  the  selection  of  members  of  the  Board  of  Education  remained  the 
same,  by  virtue  of  Section  40  of  the  School  Law,  which  provided  that  until  the 
legal  voters  had  adopted  one  of  the  methods  prescribed  in  Sections  38  and  39, 
the  members  of  the  Board  of  Education  in  a  district  accepting  the  provisions 
of  Article  VI  should  be  selected  as  theretofore.  The  School  District  of  the 
Township  of  Weehawken  never  adopted  the  provisions  of  either  Section  38  or 
Section  39. 

At  the  annual  meeting  on  the  third  Tuesday  in  March,  1910,  the  petitioners 
and  one  Thomas  F.  Stanley  were  elected  members  of  the  Board  of  Education 
of  the  School  District  of  the  Township  of  Weehawken  for  a  term  of  three  years 
from  the  first  Monday  in  April  then  next  ensuing,  and  at  the  annual  meeting  in 
March,  191 1,  Henry  Ritter,  William  O'Hara  and  John  Koeling  were  elected 
members  of  said  Board  for  a  like  term. 

Chapter  233,  Laws  of  191 1,  provided  that  the  members  of  the  Boards  of 
Education  in  all  districts  governed  by  Article  VI  should  be  appointed  by  the 
mayors  of  the  several  municipalities  in  which  the  school  districts  were  situate, 
and  legislated  out  of  office,  on  January  31,  1912,  all  members  of  Boards  of  Edu- 
cation in  such  districts  who  were  then  in  office.  This  act  was  declared,  by  the 
Supreme  Court,  to  be  unconstitutional,  in  the  case  of  Sheridan  vs.  Lankering,  83 
Atl.  641. 

Chapter  370,  Laws  of  1912,  provides  for  the  appointment  of  members  of 
Boards    of    Education    in    districts    governed    by    Article    VI    and    also    provides 


SCHOOL  LAW  DECISIONS.  339 

that  members  of  such  boards  in  office  at  the  time  of  the  passage  of  the  act 
shall  serve  until  the  first  day  of  February  next  succeeding  the  date  on  which 
their  terms  would  otherwise  expire. 

In  January,  1912,  'the  mayor  of  Weehawken  appointed  nine  persons  as 
members  of  the  Board  of  Education,  in  accordance  with  the  provisions  of 
Chapter  233  of  the  Laws  of  191 1,  and  on  December  30,  1912,  he  again  appointed 
nine  persons  as  members  of  said  Board. 

In  the  case  of  Koven  vs.  Stanley  et  al.,  decided  May  31,  1913,  the  Su- 
preme Court  declared  that  all  the  appointments  by  the  mayor  were  null  and  void, 
but  held  that  Stanley,  Ritter  and  O'Hara,  who  were  defendants  by  virtue  of 
their  appointment  by  'the  mayor,  were  members  of  the  Board  of  Education  by 
virtue  of  their  election.  The  other  defendants  appointed  by  the  mayor,  but  who 
had  not  been  elected,  were  ousted  by  order  of  the  Court. 

Justice  Swayze,  in  his  decision,  says  "The  case,  as  presented  to  me,  does 
not  raise  the  question,  who  are  the  remaining  members  of  the  Board.  The  re- 
lator files  his  information  as  a  citizen  and  not  as  a  claimant  to  the  office.  The 
only  question  I  can  lawfully  decide  on  this  record  is  the  right  of  the  defend- 
ants as  set  forth  in  their  answers." 

The  petitioners  in  this  case  had  not  been  appointed  by  the  mayor  and  were 
not  made  defendants  in  the  case  decided  by  Justice  Swayze. 

The  petitioners  were  elected  as  members  of  the  Board  of  Education  of 
the  School  District  of  the  Township  of  Weehawken  at  the  same  time  and  in 
the  same  manner  as  Thomas  Stanley,  who  was  declared  by  the  Supreme  Court 
to  be  a  member  of  said  Board  by  virtue  of  his  election.  The  petitioners  are 
legal  members  of  said  Board  and  entitled  to  act  as  such. 

The  answer  filed  in  this  case  denies  the  jurisdiction  of  the  Commissioner 
of  Education. 

The  Supreme  Court  held,  in  Jefferson  vs.  Board  of  Education,  35  Vr.,  59, 
and  Van  Buren  vs.  Albertson,  25  Vr.,  73,  that  a  dispute  as  to  membership  in  a 
Board  of  Education  was  a  controversy  arising  under  the  School  Law,  and  within 
the  jurisdiction  of  the  Commissioner.  It  is  true  that  the  case  of  Koven  vs.  Stan- 
ley was  decided  by  the  Court  without  first  having  been  considered  by  the  Com- 
missioner of  Education,  but  this  case  was  a  quo  warranto  for  the  purpose  of 
ousting  certain  persons  claiming  to  be  members  of  the  Board  of  Education.  As 
the  Commissioner  of  Education  cannot  oust  a  member  of  a  Board  of  Educa- 
tion, no  useful  purpose  would  have  been  served  by  first  submitting  the  matter 
for  his  consideration. 

The  case  of  the  petitioners  is  entirely  different,  for  the  reason  that  they 
do  not  claim  positions  now  held  by  other  persons.  The  question  as  to  whether 
or  not  the  Appellants  are  members  of  the  Board  of  Education  of  the  Township 
of  Weehawken  is  a  controversy  arising  under  the  School  Law  and  is,  there- 
fore, wi'thin  the  jurisdiction  of  the  Commissioner  of  Education. 

The  Respondent  claims  that  the  Appellants  never  took  and  filed  their 
oaths  of  office  in  the  manner  and  form  prescribed  by  law,  and,  therefore,  that 
they  are  not  legally  qualified  members  of  the  Board  of  Education.  It  is  ad- 
mitted that  they  did  take  an  oath  of  office  and  that  they  acted  as  members  of 
the  Board  of  Education  from  the  first  Monday  in  April,  1910,  until  the  first 
day  of  February,  19 12.  The  Appellants  are,  therefore,  de  facto,  if  not  ds  jure, 
members  of  the   Board  of  Education. 

The  Respondent  also  claims  that  the  Appellants  are  guilty  of  laches  in  that 
they  took  no  steps  to  assert  their  rights  as  members  of  the  Board  of  Educa- 
tion, from  February  i,  1912,  until  July  5,  I9'3- 


340  SCHOOL  LAW  DECISIONS. 

I  am  of  the  opinion  that  the  fact  that  the  Appellants  assumed  that  Chapter 
233  of  the  Laws  of  191 1  was  constitutional,  and  that  they  did  not  attempt  to 
act  as  members  of  the  Board  of  Education  until  after  said  act  had  been  de- 
clared, by  the  Court,  to  be  unconstitutional,  did  not  constitute  a  surrender  or 
abandonment  of  their  offices,  and  that  they  have  used  reasonable  diligence  in 
vindicating  their  rights  as  members  of  the  Board  of  Education. 

Jan.  29,  1914. 

Affirmed  by  the  State  Board  of  Education,  May  2,  19 14. 

IN    THE    MATTER    OF   THE    APPOINTMENTS    OF    MEMBERS    OF    THE 
BOARD  OF  EDUCATION,  JERSEY  CITY. 


John  J.  Ferris,  et  al., 

vs. 
Jerome  O'Keefe,  et  al., 


Appellants, 


Respondents. 


[Decision  of  the  Commissioner  of  Education.] 

Mayor  Fagan  appointed  three  persons  as  members  of  the  Board  of  Educa- 
tion of  Jersey  City,  to  take  office  on  February  1st,  and  the  Commissioners  of 
Jersey  City,  claiming  the  right  to  make  such  appointments  to  the  Board  of  Edu- 
cation, also  appointed  three  persons  as  members  of  said  Board. 

Chapter  370  of  the  laws  of  1912  provides  that  members  of  the  Board  of 
Education  in  a  city  school  district  shall  be  "appointed  by  the  mayor  or  other 
chief  executive  officer."  The  Commission  government  law  provides  that  one 
of  the  members  of  the  Commission  shall  be  designated  as  mayor,  and  it  further 
provides  that  "the  system  of  public  instruction  in  any  city  adopting  the  pro- 
visions of  this  act  shall  in  no  way  be  affected  by  this  act." 

While  the  territory  contained  in  a  school  district  is  the  same  as  that  of  the 
municipality  in  which  the  school  district  is  situate,  the  school  district  and  the 
city  are  separate  and  distinct  municipal  corporations  and  no  act  of  the  Legis- 
lature which  applies  only  to  the  government  of  the  city  can  be  construed  as 
applying  to  the  school  district. 

The  school  district  of  Jersey  City  is  governed  solely  by  the  provisions  con- 
tained in  the  general  school  law,  and  the  method  of  selecting  members  of  the 
Board  of  Education  can  be  determined  only  by  the  provisions  contained  in  the 
School  Law.  The  School  Law  provides  that  the  appointment  of  members  of 
the  Board  of  Education  shall  be  made  by  the  mayor  or  other  chief  executive 
officer  of  the  city  and  the  power  conferred  is  not  conferred  upon  him  as  mayor 
but  by  special  designation  in  the  School  Law.  In  other  words,  the  Legislature 
could  have  designated  any  other  person  to  perform  this  duty.  The  fact  that 
appointments  to  positions  under  the  city  government  are  to  be  made  by  the 
Commission  and  not  by  the  Mayor  does  not  affect  the  appointment  of  mem- 
bers of  the  Board  of  Education,  because  the  members  of  the  Board  of  Education 
are  not  city  officials  and,  therefore,  are  not  in  any  wise  controlled  by  the  city 
charter. 

I  am  clearly  of  the  opinion  that  the  appointment  of  members  of  the  Board 
of  Education  must  be  made  by  the  person  designated  for  such  purpose  by  the 
School  Law,  namely,  the  mayor  or  other  chief  executive  officer  of  the  munici- 
pality and  not  the  Commission. 


SCHOOL  LAW  DECISIONS.  341 

It  is  true  that  the  amendment  of  19 13  to  the  Walsh  act  provides  that  all 
administrative,  judicial  and  Legislative  powers  and  duties  are  conferred  upon 
the  Commission,  and  that  said  act  was  passed  subsequent  to  the  act  under  which 
the  power  to  appoint  members  of  the  Board  of  Education  is  given  to  the 
mayor,  and  if  there  were  any  conflict  the  amendment  to  the  Walsh  act  would 
necessarily  control.  I  am  of  the  opinion  that  there  is  no  such  conflict  for  the 
reason  that  the  Walsh  act  applies  only  to  city  officials  and,  as  stated  above, 
the  school  district  is  a  separate  and  distinct  municipal  corporation  and  the  mem- 
bers of  the  Board  of  Education  are  not  city  officials,  and,  therefore,  the  amend- 
ment of  19 13  to  the  Walsh  act  cannot  in  any  wise  apply  to  their  appointments. 

February  4,    1014- 

Affirmed  by  the  State  Board  of  Education  April  4,  19 14. 

BREACH   OF   CONTRACT. 

Eugene  Ciccarelli, 

Appellant, 
vs. 

The  Board  of  Education  of  the  City  of 
Hoboken, 

Respondent. 

Merrit  Lane  for  the  Appellant. 
John  J.   Fallon   for  the  Respondent. 

[Decision  of  the  Commissioner  of  Education.] 

The  petition  in  this  case  sets  forth  that  the  Appellant  entered  into  a  written 
contract  with  the  Respondent,  and  that  in  accordance  with  the  terms  of  said 
contract  the  Appellant  prepared  plans  and  specifications  for  a  new  school  build- 
ing, to  be  known  as  School  Number  One,  which  plans  and  specifications  were 
later  accepted  by  the  Respondent ;  that  a  contract  for  the  erection  of  a  building, 
in  accordance  with  said  plans  and  specifications  was  awarded  by  the  Respondent, 
and  that  certain  work  was  done  on  said  building,  but  before  the  building  was 
completed,  the  Respondent,  by  resolution,  discarded  the  plans  and  specifications 
prepared  by  the  Appellant,  and  engaged  another  architect  to  prepare  plans  and 
specifications  Tor  said  School  Number  One. 

The  Appellant  claims  that  by  the  adoption  of  said  resolution  he  has  been 
illegally  deprived  of  the  sum  which  would  have  been  due  him  had  the  build- 
ing been  erected  in  accordance  with  the  plans  and  specifications  prepared  by 
him,  and  he  prays  that  an  order  may  be  issued  directing  the  Respondent  to 
pay   him    the   amount   due   him,    and   damages   for  breach    of   his   contract. 

I  am  of  the  opinion  that  if  the  Appellant  has  suffered  any  damage  by  the 
action  of  the  Respondent,  it  is  by  reason  of  a  violation  of  the  terms  of  his 
contract,  and  that  the  action  of  the  Respondent  in  discarding  the  plans  and 
specifications  prepared  by,  the  Appellant  is  not  a  controversy  or  dispute  arising 
under  the  school  laws,  and  that  the  Commissioner  of  Education  is,  therefore, 
without  jurisdiction   in   the   premises. 

The  appeal   is  dismissed. 
February  6,   19 14. 

Affirmed   by  the   State   Board  of  Education  April  4,    1914, 


342  SCHOOL  LAW  DECISIONS. 

DISCHARGE  OF  TEACHER. 

Laura   C.   Welch 

Appellant, 
vs. 

The      Board      of      Education      of      West 
Orange, 

Respondent. 

Laura  C.  Welch,  pro  se. 

Simeon  H.  Rollinson  for  the  Respondent. 

[Decision  of  the  Commissioner  of  Education. 1 

The  Appellant,  prior  to  April,  1913,  had  taught  continuously  in  the  schools 
under  the  control  of  the  Respondent  for  more  than  three  years,  and  was,  there- 
fore, protected  by  the  provisions  of  Chapter  243  of  the  Laws  of  1909,  com- 
monly known  as  the  "Teachers'  Tenure  of  Service  Act."  She  claims  that  she 
was  principal  of  the  St.  Cloud  School  and  that  the  action  of  the  Respondent, 
on  June  9,  191 3,  transferring  her  to  a  position  as  teacher  in  the  St.  Mark's 
School  was  in  violation  of  the  provisions  of  said  act,  as  interpreted  by  the  Court 
in  the  case  of  Davis  vs.  Board  of   Education  of   the  Township   of   Overpeck. 

She  also  claims  that  the  action  of  the  Respondent,  on  September  18,  1913, 
in  discharging  her  from  its  service,  was  contrary  to  law,  and  she  further 
claims  that  she  has  not  been  paid  the  full  amount  of  salary  due  her  for  the 
school   year  of    1912-13. 

If  the  Appellant  was  employed  as  a  Principal,  the  action  of  the  Respondent 
transferring  her  to  a  grade  position  in  the   St.   Mark's   School  was  illegal. 

Section  182  of  the  School  Law  provides  that  the  County  Superintendent  of 
Schools  shall  apportion  to  a  district  the  sum  of  $400.00  for  each  principal  em- 
ployed, and  the  sum  of  $200.00  for  each  teacher,  except  certain  high  school 
teachers.  The  evidence  shows  that  $200.00  was  apportioned  to  the  district  of 
West  Orange  for  Miss  Welch.  The  Supervising  Principal  and  the  District  Clerk 
both  testified  that  Miss  Welch  was  a  teacher  and  not  a  principal,  and  Miss 
Welch  testified  that  all  the  time  the  school  was  in  session  she  was  occupied 
in  teaching. 

A  principal  of  a  school  is  a  person  who  devotes  all  or  nearly  all  his  time 
to  supervising  the  work  of  the  classes  in  his  building,  and  very  little,  if  any, 
time  to  class  teaching.  Miss  Welch  was  a  teacher  and  not  a  principal,  and, 
therefore,  could   legally  be  transferred  to   another  position. 

Was  her  transfer  from  the  St.  Cloud  School  to  the  St.  Mark's  School  made 
in  the  manner  prescribed  by  the  Statute? 

Section  88  of  the  School  Law  prescribes  that  "no  teacher  shall  be  appointed, 
transferred  or  dismissed  except  by  a  majority  vote  of  the  whole  number  of  the 
members  of  the  Board  of  Education." 

The  Board  of  Education  of  West  Orange  is  composed  of  five  members,  and 
the  minutes  of  the  meeting  of  the  Board,  of  June  9,  1913,  at  which  meeting 
the  resolution  transferring  Miss  Welch  was  adopted,  show  that  four  members 
were  present.  The  minutes  do  not  show  how  each  member  voted  on  this 
resolution,  but  the  District  Clerk  testified  that  the  vote  in  favor  of  the  adop- 
tion of  the  resolution  was  unanimous.  I  am  of  the  opinion  that  the  transfer  of 
Miss  Welch  was  legally  made. 

The  Supervising  Principal,  under  date  of  September  8,  1013,  preferred 
charges  of  insubordination  against  the  Appellant,  and  she  was  notified  to  appear 


SCHOOL  LAW  DECISIONS.  343 

before  the  Respondent  on  September  18,  1913,  to  answer  said  charges.  The 
notice  served  upon  the  Appellant  did  not  state  on  what  ground  the  charge  of 
insubordination  was  based.  The  Appellant,  however,  waived  any  rights  she  may 
have  had  by  reason  of  any  defect  in  the  notice  served  upon  her,  by  appearing  at 
the  hearing  on  September  iSth,  and  failing  to  enter  any  protest.  The  failure  of 
the  Appellant  to  take  charge  of  the  class  in  the  St.  Mark's  School,  to  which 
she  had  been  assigned,  and  her  action  at  the  opening  of  the  St.  Cloud  School 
sustain  the  charge  of  insubordination  preferred  against  her,  and  justified  the 
action   of  the  Respondent  in  dismissing  her. 

The  claim  of  the  Appellant  that  she  has  not  received  the  full  amount  of 
salary  due  her  is  not  properly  before  me.  Having  taken  the  case  to  the  District 
Court,  and  the  case  having  been  tried  in  said  court  on  its  merits,  she  is  bound 
by  its  decision  until  said  decision  is  reversed  by  a  court  having  jurisdiction  in 
appeals    from   district   courts. 

The  appeal   is   dismissed. 
February   13,    19 14. 

[Decision   of  the   State  Board  of   Education.] 

This  is  an  appeal  by  Miss  Laura  C.  Welch  from  a  decision  of  the  Com- 
missioner of  Education  to  the  effect  that  her  transfer  from  the  St.  Cloud  to 
another  school  in  West  Orange  was  legal  and  'that  her  subsequent  dismissal  for 
insubordination  was  justified  and  in  accordance  with  law. 

The  charge  of  insubordination  was  predicated  upon  the  fact  that  Miss 
Welch  refused  to  obey  the  order  transferring  her,  and  endeavored,  in  defiance 
of  the  school  authorities,  'to  keep  her  position  in  the  St.  Cloud  school  so  that 
it  became  necessary  for  them  to  appeal  to  the  police  authorities  for  assistance. 

Her  reason  for  such  action  was  and  is  that  she  was  principal  of  the  St. 
Cloud  school,  a  two-room  building,  and  'that  the  attempt  to  assign  her  to  teach 
a  class  in  another  school  was  a  demotion  equivalent  to  a  dismissal  from  the 
position  of  principal,  and  contrary  to  the  provisions  of  the  Teachers'  Tenure  of 
Service  Act.  • 

That  Miss  Welch  was  guilty  of  insubordination  if  her  transfer  was  legal  is 
conceded.  In  fact,  it  admits  of  no  question.  She  maintains  that  when  she 
came  within  the  provisions  of  the  Tenure  of  Service  Act,  she  was  a  principal 
and  that  her  transfer  to  teach  in  another  school  was  a  reduction  in  rank  and 
unlawful. 

The  Act  provides  that : — 

"The  service  of  all  teachers,  principals,  supervising  principals  of  the 
public  schools  in  any  school  district  of  this  State  shall  be  during 
good  behavior  and  efficiency*,  after  the  expiration  of  a  period  of  em- 
ployment of  three  consecutive  years  in  that  district." 

Miss  Welch's  third  year  of  service  in  the  West  Orange  Schools  terminated 
with  the  school  year  1909-1910.  If  she  was  employed  after  the  expiration  of 
such  school  year,  she  came  automatically  under  the  protection  of  the  Tenure  of 
Service  Act.  She  was  thereafter  employed,  and  it  is,  'therefore,  important  to 
ascertain  in  what  capacity  she  was  engaged  to  serve.     That  fact  is  clear. 

On  the  4th  of  May,  1910,  a  written  contract  was  entered  into  between  the 
Board  of  Education  of  the  Town  of  West  Orange  and  Miss  Welch,  wherein  and 
whereby  the  Board  employed  "Laura  C.  Welch  to  teach  in  the  West  Orange 
Public  Schools"  for  one  year  from  the  6th  day  of  September,  1910,  at  a  salary 
of   $775.oo,    and    wherein    and    whereby    Miss    Welch    accepted    "the    employment 


34-;  SCHOOL  LAW  DECISIONS. 

aforesaid,  and  undertakes  that  she  will  faithfully  do  and  perform  her  duty  under 
the  employment  aforesaid." 

Miss  Welch  was  then  serving  in  the  St.  Cloud  school,  and  continued  in  it 
without  change  in  her  duties  down  to  the  time  of  her  transfer.  She  insists  that 
notwithstanding  her  contract  she  was  held  forth  to  the  public  as  a  principal. 
In  a  suit  between  an  employer  and  a  third  party,  the  apparent  as  well  as  the 
real  scope  of  the  authority  of  the  employee  may  be  important,  and  to  ascertain  it, 
representations  of  the  employer  to  the  public  are  considered.  In  a  suit,  how- 
ever, between  an  employer  and  an  employee,  their  respective  rights  and  liabili- 
ties are  governed  by  the  contract  between  them.  The  contract  between  the  Board 
of  Education  of  the  Town  of  West  Orange  and  Miss  Welch  is  clear.  She  was 
engaged  to  teach  and  she  undertook  to  teach  during  the  year  which  brought 
her  within  the  protection  of  the  Tenure  of  Service  Act,  and  there  is  no  evi- 
dence to  show  that  any  change  has  taken  place  in  her  relations  to  the  Board 
since  then. 

It  is  not,  therefore,  necessary  for  us  to  consider  on  the  one  hand  that  in 
notices  and  reports  she  was  described  as  a  principal  nor  on  the  other,  that  to 
the  state  authorities  she  was  defined  as  a  teacher,  and  that  the  County  Superintend- 
ent apportioned  to  the  district,  because  of  her  services,  'the  sum  of  $200.00, 
whereas  if  she  was  a  principal,  the  sum  of  $400.00  would  have  been  allotted. 
Neither  is  it  necessary  for  us  to  consider  the  definition  of  a  principal  pro- 
pounded by  her  learned  counsel,  further  than  to  point  out  that  if  it  is  sound, 
consolidation  of  rural  schools  would  become  practically  impossible,  for  every 
teacher  of  a  one-room  school  would  insist  that  she  was  a  principal  and  the 
staff  of  the  consolidated  school  would  consist  of  all  principals  and  no  teachers — 
all  generals  and  no  privates. 

The  decision  of  the  Commissioner  is  affirmed. 

April  4,  IQI4- 

TRANSPORTATION  OF  PUPILS. 

Frederick  Staats,  t 

vs. 

Board  of  Education  of  Montgomery  Town- 
ship, Somerset  County. 

[Decision  of  the  Commissioner  of  Education.] 

No  formal  complaint,  or  answer,  has  been  filed  in  this  case,  but  at  a  hearing 
before  me  it  was  agreed  that  Frederick  and  Lloyd  Staats,  sons  of  the  com- 
plainant, were  residents  of  Montgomery  Township ;  that  they  had  taken  the 
eighth  grade  work  in  a  school  in  said  Township  during  the  school  years  of  191 1- 
1912  and  1912-1913  ;  that  they  took  the  county  examination  at  the  close  of  the 
school  year  of  1912-1913,  but  failed  to  pass;  that  the  Appellant  applied  to  the 
Respondent  to  have  his  sons  sent  to  the  High  School  at  New  Brunswick,  which 
application  was  refused,  and  that  the  sole  reason  for  such  refusal  was  that 
they  had  failed  to  pass  the  county  examination. 

It  was  admitted  by  the  Respondent  that  at  the  time  the  application  was  re- 
ceived no  rule  had  been  adopted  by  it  requiring  a  pupil  to  pass  the  county 
examination  as  a  condition  precedent  to  promotion  to  a  High  School,  but  claimed 
that  such  had  been  the  custom  for  some  years.  A  rule  to  this  effect  has  re- 
cently been  adopted. 


SCHOOL  LAW  DECISIONS.  345 

The  law  requires  a  Board  of  Education  to  provide  suitable  school  facilities 
for  all  children  residing  in  the  district  and  desiring  to  attend  school.  It  further 
provides  that  when  a  district  does  not  maintain  a  High  School  that  pupils  who 
have  completed  the  grammar  school  course  shall  be  sent  to  a  high  school  in 
another  district,  and  'that  the  district  in  which  they  reside  shall  pay  the  cost 
of  tuition  and  also  of  transportation,  if  transportation  be  necessary. 

The  law  gives  to  the  local  Board  of  Education,  in  the  first  instance,  the 
right  to  decide  whether  or  not  a  pupil  should  be  promoted  to  the  high  school, 
but  in  exercising  this  right  great  care  should  be  "taken  not  to  unnecessarily  retard 
the  progress  of  a  pupil,  whose  school  life,  even  under  the  most  favorable  cir- 
cumstances, is  very  short. 

Examinations  are  held  each  year.  The  questions  are  prepared  by  the  Com- 
missioner of  Education.  In  Somerset  County  pupils  who  pass  these  examina- 
tions are  granted  certificates  by  the  County  Superintendent.  These  examina- 
tions are  quite  as  much  a  test  of  the  efficiency  of  the  schools  and  the  teachers 
as  they  are  of  the  progress  of  the  pupils.  An  examination  is  only  one  factor  in 
determining  the  right  of  a  pupil  to  promo'tion.  A  far  more  reliable  test  is  the 
work  actually  done  during  the  year. 

I  am  of  the  opinion  that  refusing  to  promote  a  pupil  to  the  high  school  for 
the  sole  reason  that  he  has  failed  to  pass  the  county  examination  is  not  only 
unwise  but  that  it  may  result  in  depriving  him  of  suitable  school  facilities.  For 
this  reason  the  rule  adopted  by  the  Respondent  is  null  and  void. 

The  question  to  be  decided  is,  does  the  record  of  the  sons  of  the  Appel- 
lant show  that  they  were  entitled  to  promotion  to  a  high  school?  Th  reports 
of  their  work  in  the  eighth  grade  during  the  school  year  of  1912-1913  is  re- 
markably good,  with  the  exception  of  the  month  of  September,  which  usually 
is  low,  neither  boy  had  a  monthly  average  below  eighty-one,  the  general  average 
of  Lloyd  Staats  was  86  6-9,  and  of  Frederick  Staats  87  4-9.  It  appears  from 
the  reports  of  the  Superintendent  and  Principal  of  the  schools  in  New  Bruns- 
wick that  both  boys  are  doing  good  work  except  in  English,  and  that  their  gen- 
eral standing  is  equal  to  that  of  other  pupils  in  -the  same  class. 

The  Respondent  erred  in  refusing  to  provide  high  school  facilities  for  the 
sons  of  the  Appellant. 

It  is  ordered  that  the  Respondent  provide  proper  High  School  facilities  for 
Lloyd  and  Frederick  Staats,  and  that  it  pay  to  the  Appellant  any  expenses  in- 
curred by  him  in  sending  said  boys  to  the  High  School  at  New  Brunswick  during 
the  current  school  year. 

February  20,  i9r4- 


[Decision   of  the   State  Board  of  Education.] 

1.  It  appears  in  this  case  that  two  boys  of  the  Respondent  failed  to  grad- 
uate from  the  eighth  grade  of  the  Grammar  School  in  Montgomery  Township, 
but  in  spite  of  this  failure  to  graduate,  the  Respondent  insisted  upon  their 
being  promoted  and  sent  to  a   High   School   at   New   Brunswick. 

2.  The  Appellant  agreed  to  send  them  there  and  passed  a  resolution  to 
the  effect  that  the  Board  of  Education  of  Montgomery  Township  would  pay 
the  transportation  of  the  boys,  ($4.03  per  month),  if  the  boys  passed  the 
entrance  examination  at  the  New  Brunswick  High  School  and  if  the  Respondent 
paid  the  difference  in  tuition  between  New  Brunswick  and  Bound  Brook  or 
Hopewell. 


346  SCHOOL  LAW  DECISIONS. 

3.  The  Respondent  was  present  when  this  resolution  was  passed  and 
assented  to  it. 

4.  The  boys  went  to  New  Brunswick,  but  were  given  no  examination  and 
passed  no  examination.  Without  the  knowledge  or  consent  of  the  Appellant 
they  were  placed  in  the  school  on  trial.  They  are  apparently  still  there  'on 
trial." 

5.  Before  the  first  of  the  year  1914,  Mr.  Staats,  the  Respondent,  presented 
the  Appellant  with  a  bill  for  full  tuition,  instead  of  paying  the  difference  as 
agreed,  and  full  transportation  from  his  house  to  New  Brunswick  and  return. 
This  bill  the  Appellant  declined  to  pay.     The  Respondent  then  brought  this  action. 

6.  The  State  Board  of  Education  holds  that  a  local  Board  of  Education  has 
authority  to  prescribe  its  own  rules  for  promotion.  It  is  given  that  express 
right  by  statute.  The  Appellant  was  within  its  rights  in  stipulating  that  the 
boys  should  pass  an  examination  and  thus  demonstrate  their  fitness  to  attend 
High  School.  The  result  of  the  subsequent  trial  at  New  Brunswick,  whether 
good  or  bad,  is  beside  the  question.  The  Appellant  had  stipulated  for  an 
examination — not  a  trial.  If  the  ruling  of  the  local  School  Board  in  this  case  is 
not  binding,  then  anyone  could  send  his  children  to  what  school  he  pleased, 
at  what  expense  he  pleased,  and  afterward  send  the  bill  to  the  local  School 
Board  for  payment.  The  Respondent  should  have  lived  up  to  his  agreement 
with  the  Appellant.  Instead  of  doing  so  he  took  upon  himself  the  right  and 
the  risk  of  sending  his  boys  to  the  High  School  at  New  Brunswick  and  in- 
curring expense  therewith.  He  has  not  come  into  Court  with  clean  hands  and 
his  contention   should   not   be   sustained. 

The   decision   of   the    Commissioner   of   Education   is   reversed. 
April  4,  1914- 

VACANCY  IN  BOARD  OF  EDUCATION  ORGANIZED  UNDER  ARTICLE  VI. 
Albert  Leuly  et  al.d 


vs. 
He.nky    Ritter   et  ol. 


Appellants, 


Respondents. 


William   C.   Asper    for   Appellants. 
Francis   H.   McCauley  for   Respondents. 

[Decision  of  the  Commissioner  of   Education.] 

Prior  to  1910,  the  School  District  of  the  Township  of  Weehawken  wa3  gov- 
erned by  the  provisions  contained  in  Article  VII  of  the  General  School  Law 
passed  at  the  second  special  session  of  the  Legislature  in  1903,  and  three  mem- 
bers of  the  Board  of  Education  were  elected  annually  on  the  third  Tuesday  in 
March,  and  took  office  on  the  first  Monday  in  April  following  their  election. 
At  the  general  election  held  in  1910,  this  district  adopted  the  provisions  of 
Article  VI  of  the  School  Law,  as  authorized  by  Section  243.  Section  38  of 
the  School  Law,  being  a  part  of  Article  VI,  provided  for  a  Board  of  Education 
of  nine  members,  appointed  by  the  Mayor,  and  Section  39  provided  for  a  toard 
of   rine    members    elected    by    the    people.      Section    40,    however,    provided    that 


SCHOOL  LAW  DECISIONS.  347 

until  the  provisions  of  either  Section  38  or  39  had  been  adopted,  at  a  regular 
election,  the  members  of  the  Board  of  Education  should  continue  to  be  selected 
in  the  same  manner  as  such  members  had  previously  been  selected.  As  the 
School  District  of  Weehawken  never  adopted  the  method  prescribed  by  either 
section  38  or  39,  the  members  of  the  Board  of  Education  continued  to  be 
elected  at  a  school  election  held  on  the  third  Tuesday  in  March,  the  term  of 
office    being    three    years. 

Chapter  233,  P.  L.  191 1,  provided  for  a  Board  of  Education  in  each  dis- 
trict acting  under  Article  VI,  such  board  to  consist  of  nine  members  appointed 
by  the  Mayor.  The  act  further  provided  that  the  terms  of  office  of  all  mem- 
bers of  boards  of  education  affected  by  the  act  should  expire  January  31,  19 12. 
A  Board  of  Education  was  appointed  in  Weehawken  in  accordance  with  the 
provisions  of  this  act.  Later,  in  the  case  of  Koven  vs.  Stanley,  the  Supreme 
Court  declared  the  act  unconstitutional  and  decided  that  Ritter  O'Hara  and 
Stanley,  the  only  members  of  the  old  Board  who  were  parties  to  the  suit, 
were  members  of  the  Board  of  Education  by  virtue  of  their  election  on  the 
third    Tuesday    in    March. 

Chapter  370,  P.  L.  1912,  provides  for  a  Board  of  Education  in  each  dis- 
trict acting  under  Article  VI,  the  members  of  such  board  to  be  appointed  be- 
tween the  second  and  fifteenth  days  of  January,  to  take  office  on  the  first  day 
of  February  following  their  respective  appointments.  In  a  district  having  a 
population  of  less  than  45,000,  five  members  constitute  the  Board.  In  a  dis- 
trict having  a  population  of  45.000  or  over,  the  Board  consists  of  nine  mem- 
bers. The  act  further  provides  that  the  members  of  a  Board  then  in  office  should 
continue  to  serve  for  the  terms  for  which  they  were  severally  elected,  and  until 
the  first  day  of  February  then  next  ensuing. 

By  virtue  of  this  last  mentioned  provision,  Ritter,  and  O'Hara  were  con- 
tinued in  office  until  February  1,  1915.  they  having  taken  office  on  the  first  Mon- 
day in  April,  191 1,  and  Stanley  was  continued  in  office  until  February  1, 
1914,  he  having  taken  office  on  the  first  Monday  in  April,  1910.  In  the  case 
of  Lasher  and  Briesen  vs.  Board  of  Education  of  Weehawken,  recently  decided 
by  me,  it  was  held  that  said  Lasher  and  Briesen  were  members  of  the  Board 
of  Education  of  Weehawken,  they  having  taken  office  on  the  first  Monday  in 
April,  1910.  Up  to  February  1,  1914,  the  Board  of  Education  consisted  of 
Ritter  and  O'Hara,  whose  respective  terms  of  office  would  not  expire  until 
February  1,  1915,  and  Stanley,  Lasher  and  Briesen,  whose  terms  would  expire 
February  1,  1914.  The  petitioners  claim  that  Stanley  was  not  a  member  of 
the  Board,  for  the  reason  that  he  was  a  member  of  the  Township  Committee  of 
Weehawken  and  that  the  offices  of  member  of  the  Board  of  Education  and 
Township  Committee  are  incompatible.  It  is  unnecessary  to  pass  on  the  ques- 
tion as  to  the  incompatibility  of  these  offices,  for  the  reason  that  Stanley's 
term  has  expired.  Stanley  had  acted  as  a  member  of  the  Board  since  1910, 
and,  therefore,  was  at  least  a  de  facto  member,  and  was  entitled  to  act  until 
removed  by  the   Court. 

At  a  meeting  of  the  Board  held  January  31st,  a  resolution  was  adopted 
removing  John  Koelin  from  his  office  as  member  of  the  Board  of  Education,  and 
appointing  William  J.  Cadwallader  to  fill  the  vacancy  thus  created.  It  is  ad- 
mitted by  the  Respondent  that  Koelin  was  not  a  resident  of  the  School  Dis- 
trict of  Weehawken  on  January  31st.  Section  41  of  the  School  Law  reads,  in 
part,  as  follows :  "A  member  of  a  Board  of  Education  in  a  city  school  district 
shall  be  a  citizen  and  resident  of  the  territory  contained  in  said  school  dis- 
trict and  shall  have  been  such  resident  for  at  least  three  years  immed'ately 
preceding  his  or   her  becoming   a   member  of   such  board."     It   is   evident   from 


34S  SCHOOL  LAW  DECISIONS. 

the  above  quotation  that  as  soon  as  a  member  of  a  Board  of  Education  ceases 
to  be  a  resident  in  the  district,  he  ceases  to  be  a  member  of  the  Board  of  Educa- 
tion. The  resolution,  therefore,  so  far  as  it  relates  to  the  removal  of  Koelin, 
is  without  force  or  effect.  The  appointment  of  Cadwallader  is  likewise  without 
force  or  effect,  for  the  reason  that  Chapter  370,  P.  L.  1912,  expressly  provides 
that  "any  vacancy  in  such  Board  of  Education  shall  be  forthwith  reported  by  the 
Secretary  of  said  Board  to  the  Mayor  or  other  chief  executive  officer,  who  shall 
within  thirty  days  thereafter  appoint  a  person  to  fill  such  vacancy  for  the 
unexpired  term."  If  a  vacancy  existed  in  the  Board,  it  could  only  be  filled  by 
appointment  by  the  Mayor;  the  Board  of  Education  was  without  power  in  the 
premises.  As  a  matter  of  fact,  however,  there  was  no  vacancy  in  the  Board 
on  January  31st.  Chapter  370,  above  referred  to,  contains  the  following  proviso: 
"provided  further,  that  first  appointment  under  this  supplement  may  be  for  less 
than  full  terms,  if  necessary ;  It  being  the  intention  to  provide  hereby  that 
when  this  supplement  shall  take  effect  in  a  school  district  there  shall  be  an 
immediate  increase,  if  necessary,  to  five  members  or  to  nine  members,  accord- 
ing to  the  population  of  the  school  district,  as  above  provided,  and  the  gradual 
reduction  to  the  prescribed  membership  as  terms  expire".  The  right  of  Koelin 
to  retain  his  membership  was  a  personal  right.  As  soon  as  he  ceased  to  be  a 
member,  the  number  of  members  in  the  Board  was  reduced  to  five,  the  legal 
number  for  this  district,  and  there  was  no  power,  other  than  the  Legislature, 
which   could   again   increase   it. 

The  Respondents  contend  that  the  Mayor  was  without  authority  to  ap- 
point three  members  to  take  office  on  the  first  of  February,  for  the  reason  that 
the  appointments  were  made  on  the  fourteenth  of  January,  and  that  there  is 
no  evidence  that  Koelin  had  lost  his  membership  in  the  Board  on  that  date.  It 
is  admitted  that  Koelin  was  not  a  resident  on  January  31st,  and,  as  heretofore 
stated,  he  ceased  to  be  a  member  of  the  Board  as  soon  as  he  ceased  to  be  a 
resident  of  the  district.  There  is  no  doubt,  therefore,  that  at  the  time  of  the 
organization  of  the  Board  on  February  2d,  there  were  three  vacancies  and  that 
there  were  three  persons  holding  certificates  of  appointment  signed  by  the 
Mayor.  I  am  of  the  opinion  that  the  fact,  if  it  be  a  fact,  that  Koelin  was  a 
member  of  the  Board  on  January  14th,  will  not  affect  the  case.  The  only 
point  is  whether  or  not  there  were  three  vacancies  in  the  Board  of  Education  at 
the  time  the  certificates  issued  by  the   Mayor  became  operative. 

As  heretofore,  stated,  Ritter,  O'Hara,  Stanley,  Lasher,  and  Briesen  con- 
stituted the  Board  of  Education  of  Weehawken  prior  to  February  1,  1914.  On 
that  date  the  terms  of  office  of  Stanley,  Lasher,  and  Briesen  expired,  leaving 
three  vacancies  to  be  filled  by  the  Mayor  in  the  manner  provided  in  Chapter 
370,  P.  L.  1912.  In  accordance  with  the  authority  conferred  upon  him,  the 
Mayor  did,  on  the  14th  day  of  January,  1914,  fill  such  vacancies  by  his  ap- 
pointment of  John  McFadden  for  the  term  of  three  years,  George  Liss,  for 
the  term  of  four  years,  and  Albert  Leuly,  for  the  term  of  five  years.  The 
persons  so  appointed  have  taken  the  prescribed  oath  of  office  and  have  filed 
the  same  with  the  Township  Clerk  as  required  by  Section  42  of  the  School 
Law.  The  Board  of  Education  now  consists  of  Ritter  and  O'Hara,  whose  terms 
will  expire  February  1,  1915,  McFadden,  whose  term  will  expire  February  1, 
1 9 17,  Liss,  whose  term  will  expire  February  i,  19 18,  and  Leuly,  whose  term  will 
expire  February  1,   1919. 

Chapter  370,  above  referred  to,  provides  that  the  Board  of  Education  shall 
organize  on  February  1st,  unless  such  date  falls  on  Sunday,  in  which  case 
the  organization  shall  be  effected  on  the  following  day.     As   February   1st,   this 


SCHOOL  LAW  DECISIONS.  349 

year,  fell  on  Sunday,  the  Board  was  required  to  meet  for  organization  on  Feb- 
ruary 2d.  It  is  admitted  that  Kilter  and  O'Hara  were  notified  of  the  time 
and  place  of  this  meeting  on  February  2d,  and  that  they  refused  to  attend.  The 
meeting,  having  been  legally  called,  and  a  quorum  being  present,  the  election 
of  Albert  Leuly  as  President  and  George  Liss  as  Vice  President  was  in  ac- 
cordance with   the  provisions  of   the   statute. 

It  is  diffcult  to  believe  that  it  was  intended  that  the  resolution  direct- 
ing the  Secretary  to  post  notices  for  an  election  of  members  of  the  Board  of 
Education  on  the  third  Tuesday  in  March  should  be  taken  seriously.  In  order 
to  make  such  an  election  legal,  a  decision  by  the  Court  declaring  Chapter  370 
of  the  Laws  of  1912,  unconstitutional,  would  be  necessary.  Until  such  a 
decision  is  rendered,  said  Chapter  must  be  deemed  to  be  in  full  force  and  effect, 
and  the  members  of  the  Board  of  Education  must  be  selected  as  directed 
therein. 

I  am  unable  to  decide  at  this  time  as  to  the  legality  of  the  appointment  of 
Hurley  as  Secretary,  at  the  meeting  held  on  January  9,  1914,  the  action  taken  at 
the  meeting  held  January  28th,  in  appointing  Ritter  and  O'Hara  as  members  of 
the  Board  of  School  Estimate,  and  the  action  taken  at  the  meeting  of  February 
2d,  appointing  Briesen  as  Secretary,  for  the  -reason  that  the  evidence  does  not 
disclose  whether  the  meetings  of  January  9th  and  28th  were  regular  or  special 
meetings  of  the  Board,  and,  if  they  were  special  meetings,  whether  all  the 
members  of  the  Board  were  notified  of  the  time  and  place  of  the  meetings 
and  the  purposes  for  which  they  were  called.  An  early  date  will  be  fixed  on 
which  to  take  testimony  covering  these  points. 
February   24,    19 14. 

Affirmed  by   the   State   Board   of   Education   May   3,    1914. 


Albert  Leuly  et  al. 


APPOINTMENT  OF  SECRETARY. 


Appellants, 


vs. 

Henry  Ritteh  et  al., 

Respondents. 

[Decision  of  the  Commissioner  of  Education.] 

William   C.  Asper   for  Appellants. 

Francis   H.   McCauley   for  Respondents. 

In  the  decision  rendered  by  me  in  this  matter  on  February  24,  1914,  three 
points  were  reserved  until  further  evidence  was  submitted.  These  points  were, 
the  legality  of  the  appointment  of  Hurley  as  Secretary,  at  the  meeting  held 
on  January  9,  1914;  the  action  taken  at  the  meeting  held  January  28th,  in 
appointing  Ritter  and  O'Hara  as  members  of  the  Board  of  School  Estimate; 
and  the  action  taken  at  the  meeting  of  February  2d,  appointing  Briesen  as 
Secretary. 

An  agreed  state  of  facts  submitted  this  day  contains  a  resolution  adopted 
by  the  Board  of  Education  of  the  Township  of  Weehawken  at  a  meeting  held 
February    2d,    which    reads   as    follows : 


350  SCHOOL  LAW  DECISIONS. 

"RESOLVED,  That  the  office  of  the  Secretary  of  the  Board 
of  Education  and  the  District  Clerk  of  the  Board  of  Education 
be  declared  vacant  and  that  Arthur  V.  Briesen  be  and  he  is  here- 
by appointed  Secretary  of  the  Board  of  Education  and  as  District 
Clerk  of  the  Board  of  Education  in  the  Township  of  Weehawken, 
in  the  County  of  Hudson  and  State  of  New  Jersey  for  a  term  of  one 
year,  from  the  first  day  of  February,  1914,  to  the  first  day  of 
February,  1915,  at  a  salary  of  $900.00  per  annum,  payable  in  twelve 
equal  monthly  installments  of  $75  each. 
Dated    February   2,    19 14". 

Section  56  of  the  general  school  law  passed  at  the  second  special  session 
of  1903  reads  in  part  as  follows: 

"A  Secretary  shall  be  appointed  by  the  majority  vote  of  all 
the  members  of  the  Board  of  Education ;  he  shall  be  paid  such 
salary  as  said  board  shall  determine,  and  may  be  removed  by  a 
majority  vote  of  all  the  members  of  said  board". 

It  appears  that  the  resolution  above  quoted  declared  the  office  of  Secretary 
to  be  vacant,  and  also  appointed  Arthur  V.  Briesen  as  Secretary  of  the  Board 
to  fill  the  vacancy  thus  created.  This  action  having  been  taken  by  the  vote 
of  a  majority  of  all  the  members  of  the  Board,  William  E.  Hurley  was  re- 
moved from  his  office  as  Secretary  of  the  Board  of  Education  of  the  Town- 
ship of  Weehawken,  and  Arthur  V.  Briesen  was  regularly  and  legally  elected  as 
Secretary  of  said   Board. 

It  is  also  agreed  by  the  parties  hereto  that  the  meeting  of  the  Board  held 
January  28th  was  a  regular  meeting  of  the  Board.  At  this  meeting,  a  resolu- 
tion was  adopted  appointing  Messrs.  Ritter  and  O'Hara  as  members  of  the 
Board  of  School  Estimate.  It  is  well  settled  that  when  a  special  meeting  of  a 
municipal  board  is  called,  each  member  must  have  notice  of  the  time  and  place 
of  the  meeting  and  the  purpose  for  which  it  is  called.  It  is  not  necessary 
that  notice  be  sent  to  the  members  of  a  board,  of  the  time  and  place  of  a 
regular  meeting,  for  the  reason  that  the  members  of  a  board  are  presumed  to 
know  the  time  and  place  where  a  regular  meeting  will  be  held,  and  it  is  their 
duty  to  attend  without  formal  notice.  The  meeting  of  January  28th  was  a 
regular  meeting,  and  the  action  taken  in  appointing  Messrs.  Ritter  and  O'Hara 
was  regular,  and  said  persons  are  members  of  the  Board  of  School  Estimate 
for  the  ensuing  year. 
February   26,    1914. 

Affirmed  by  the  State  Board   of  Education   May  3,    1914. 


SCHOOL  LAW  DECISIONS.  351 

BALANCES   OF   BOND   ISSUES   IN   DISTRICT  ORGANIZED   UNDER    AR- 
TICLE VI. 

The  Board  of  Education  of  Atlantic  City, 

Petitioner, 

vs. 

Albert  E'eyer.  Custodian  of  School  Funds 
for  the  District  of  Atlantic  City, 

Respondent. 

James  H.   Hayes,  Jr.,  for  Petitioner. 
Theodore  W.  Schimpf,  for  Respondent. 

[Decision  of  the  Commissioner  of  Education.] 

During  the  years  1910  and  191 1  the  Board  of  School  Estimate  delivered 
to  the  Common  Council  of  Atlantic  City  certain  certificates  appropriating  moneys 
for  the  purchase  of  land  and  the  erection  of  school  buildings  in  the  School  Dis- 
trict of  Atlantic  City,  and,  upon  the  receipt  of  said  certificates,  said  Common 
Council  adopted  ordinances  authorizing  the  issue  of  bonds,  to  be  known  as 
school  bonds,  for  the  amounts  stated  in  said  certificates.  Said  bonds  were  sold 
and  the  moneys  were  deposited  with  the  Custodian  of  School  Moneys.  The 
cost  of  the  land  and  buildings,  to  defray  which  the  issue  of  bonds  was  author- 
ized, was  less  than  'the  amounts  stated  in  the  certificates  of  the  Board  of  School 
Estimate,  and  there  is  a  balance  of  the  amount  received  from  the  sale  of  said 
bonds  now  in  the  hands  of  the  Custodian  of  School  Moneys. 

On  August  22,  1913,  the  Petitioner  adopted  a  resolution  directing  'the  Re- 
spondent "to  deposit  to  the  credit  of  the  Building  and  Repair  Account  of  the 
School  District  the  balances  remaining  to  the  credit  of  the  several  Bond  Issues 
of  the  District." 

The  Respondent  has  refused  to  make  such  transfer.  The  Petitioner  asks 
that  an  order  be  made  directing  the  Respondent  to  comply  with  the  resolution 
of  August  22,   19 1 3,  quoted  above. 

Section  185  of  the  General  School  Law,  as  amended  by  Chapter  285,  P.  L. 
1912,  provides  that  "the  custodian  of  the  moneys  belonging  to  the  municipality 
in  which  the  school  district  shall  be  situate,  or  the  collector  when  designated  by 
the  Board  of  Education,  shall  be  the  custodian  of  the  school  moneys  of  such  dis- 
trict, and  shall  receive  such  compensation  as  the  Board  of  Education  of  such 
municipality  shall  determine,  which  compensation  shall  be  paid  by  said  Board 
of  Education  from  the  funds  of  said  Board.  *  *  *  Nothing  in  this  article 
shall  be  construed  as  giving  to  the  township  committee,  common  council  or 
other  governing  body  of  any  municipality  any  control  over  moneys  belonging  to 
the  school  district  in  the  hands  of  the  custodian  of  school  moneys  of  said  dis- 
trict, but  said  moneys  shall  be  held  by  said  custodian  in  trust,  and  shall  be 
paid  out  by  him  only  on  orders  legally  issued  and  signed  by  the  president  and 
district  clerk  or  secretary  of  the  Board  of  Education." 

It  is  very  evident  from  the  above  quotation  that  the  offices  of  City  Treas- 
urer and  Custodian  of  School  Moneys  are  separate  and  distinct  offices,  although 
held  by  the  same  person,  and  as  the  Common  Council  or  other  governing  body 
of  the  municipality  in  which  the  school  district  is  situate  is  prohibited  from 
controlling,  or  attempting  to  control,  the  funds  of  the  school  district,  that  the 


352  SCHOOL  LAW  DECISIONS. 

Custodian  is  under  the  control  and  direction  of  the  Board  of  Education.  A 
school  district  is  a  municipal  corporation  separate  from  the  municipality  in 
which  it  is  situate  (Landis  vs.  School  District,  etc.,  28  Vr.  509).  The  Cus- 
todian of  School  Moneys  holds  an  office  created  by  the  School  Law,  and  not 
by  any  provision  contained  in  the  charter  of  the  city,  and  as  such  officer  must 
be  governed  solely  by  the  provisions  of  the  School  Law. 

Control  of  the  finances  of  a  school  district  could  be  given  to  the  city  only 
by  some  provision  of  law,  and  the  School  Law  not  only  does  not  contain  any 
such  provision,  but  expressly  prohibits  it. 

The  intent  of  the  Legislature  to  make  it  impossible  for  the  city  to  have 
any  control  over  the  finances  of  the  school  district  is  further  shown  by  Sec- 
tion 186  of  the  School  Law,  which  makes  it  the  duty  of  "the  collector  or  treas- 
urer of  each  municipality  in  which  a  school  district  shall  be  situate  to  pay  to 
the  custodian  of  the  school  moneys  of  such  school  district  the  amount  ordered 
to  be  assessed,  levied  and  collected  in  such  municipality  for  the  use  of  the 
public  schools  therein,  exclusive  of  the  State  school  tax,  on  the  requisition  or 
requisitions  of  the  Board  of  Education."  No  action  by  the  governing  body  is 
necessary,  the  sole  authority  for  such  transfer  being  the  requisition  of  the 
Board  of  Education.  This  section  emphasizes  the  dual  offices  for  it  directs 
the  treasurer  to  transfer  to  himself,  as  custodian,  moneys  raised  for  school 
purposes. 

Section  76  of  the  School  Law  prescribes  the  method  of  raising  moneys  for 
the  purchase  of  land  and  the  erection  of  buildings  in  a  city  school  district,  and 
provides  that  when  bonds  are  issued  for  such  purposes  "the  proceeds  of  the 
sale  of  such  bonds  shall  be  deposited  with  the  custodian  of  school  moneys  of 
such  school  district  and  shall  be  paid  out  only  on  the  warrants  or  orders  of 
the  Board  of  Education." 

It  is  clear  from  the  above  quotation  that  the  entire  proceeds  of  the  sale 
of  bonds,  including  premium,  shall  be  placed  to  the  credit  of  the  school  district. 
No  action  by  the  governing  body  of  the  city  is  required.  The  proceeds  of  the 
sale  of  school  bonds  become  automatically  a  part  of  moneys  of  the  school  dis- 
trict as  soon  as  received. 

The  Respondent  claims  that  the  balance  of  the  proceeds  of  the  sale  of 
bonds  issued  for  the  purchase  of  land  and  the  erection  of  school  buildings  can 
be  used  only  to  liquidate  the  debt  incurred  in  excess  of  the  cost  of  such  grounds 
and  buildings. 

Section  76  of  the  School  Law  prescribes  the  method  of  raising  money  for 
the  payment  of  principal  and  interest  falling  due  on  bonds  issued  for  school 
purposes  in  a  city.  The  burden  of  raising  such  money  is  cast  upon  the  city 
and  not  upon  the  school  district.  Bonds  are  an  indebtedness  of  the  city  and 
not  of  the  school  district  and  school  moneys  cannot  be  used  to  pay  any  part 
of  the  principal  or  interest  due  on  school  bonds.  As  soon  as  school  bonds 
are  sold  the  proceeds  become  school  moneys,  and  as  such  can  be  paid  out  only 
on  orders  signed  by  the  president  and  secretary  of  the  Board  of  Education. 
School  moneys  can  be  paid  out  only  on  orders  or  warrants  signed  by  the  presi- 
dent and  secretary  of  the  Board  of  Education,  and  there  is  nothing  in  the  law 
which  authorizes  such  president  and  secretary  to  issue  an  order  or  warrant 
for  the  payment  of  principal  or  interest  due  on  school  bonds.  The  Respondent 
further  claims  that  his  powers  are  prescribed  by  the  Act  of  1902,  directing  the 
City  Treasurer  to  receive  all  moneys  belonging  to  the  city  and  disburse  the  same 
according  to  law.  He  appears  to  have  lost  sight  of  the  fact  that  the  Act  of 
1902  refers  solely  to  his  powers  as  City  Treasurer,  and   that  it  cannot   in  any- 


SCHOOL  LAW  DECISIONS.  353 

wise  affect  his  duties  as  Custodian  of  School  Moneys.  Even  if  the  Act  of  1902 
could  be  construed  as  originally  applying  to  his  duties  as  Custodian  of  School 
Moneys,  its  provisions,  so  far  as  they  relate  to  school  moneys,  were  repealed 
by  Section  246  of  the  General  School  Law  of  1903,  which  reads  as  follows:  "All 
school  districts  shall  hereafter  be  governed  solely  by  the  provisions  of  this  act, 
and  all  acts  and  parts  of  acts,  general,  special  or  local,  so  far  as  they  are  in- 
consistent with  the  provisions  of  this  act,  are  hereby  repealed." 

As  has  heretofore  been  shown,  the  balance  of  the  proceeds  of  the  sale  of 
school  bonds  is  not  available  for  the  payment  of  any  part  of  the  principal  or 
interest  of  such  bonds,  the  question  as  to  what  disposition  can  be  made  of  said 
balance,  therefore,  remains  to  be  considered.  It  is  inconceivable  that  the  Legis- 
lature intended  that  moneys  received  from  the  sale  of  bonds,  remaining  to  the 
credit  of  the  school  district,  after  the  payment  of  all  indebtedness  incurred  for 
the  purchase  of  land  and  the  erection  of  the  buildings,  should  be  unavailable  for 
any  purpose.  There  is  nothing  in  the  law  which  prescribes  what  disposition  shall 
be  made  of  such  balances,  and  in  the  absence  of  such  provision,  the  power  to 
transfer  the  balance  to  other  school  purposes  must  be  found  in  the  general 
powers  possessed  by  municipal  corporations.  It  is  the  common  practice  in  all 
municipal  bodies  to  transfer  moneys  from  one  account  to  another  as  occasion 
demands,  and  in  very  few  instances  is  this  power  granted  by  express  provision 
of  law.  The  Petitioner  was  acting  well  within  its  legal  powers  when  it  adopted 
the  resolution  of  May  21,  1913,  directing  the  Respondent  to  transfer  to  the 
credit  of  the  Building  and  Repair  Account  the  balances  remaining  to  the  credit 
of  the  several  bond  issues  of  the  district. 

The  Custodian  is  not  responsible  for  the  application  the  Board  of  Education 
has  made  of  school  moneys  (Zimmerman  vs.  Mathe,  20  Vr.  45)  and  he  cannot 
refuse  to  honor  an  order  of  the  Board  of  Education  on  the  plea  that  he  or 
his  bondsmen  may  legally  be  liable  for  a  misappropriation  of  school  moneys. 

It  is  ordered  that  the  Respondent  transfer  to  the  Building  and  Repair  Ac- 
count 'the  balances  now  in  his  hands  from  the  sale  of  school  bonds  issued  for 
the  purchase  of  land  and  the  erection  of  buildings  for  the  Massachusetts  Ave- 
nue School,  the  Richmond  Avenue  School,  and  the  Texas  Avenue  School. 

May  11,  1914. 
Affirmed  by  the  State  Board  of  Education  Nov.  7,  1914. 

POWERS  OF  AUDITOR  OF  SCHOOL  DISTRICT. 

The  Board  of  Education  of  Atlantic  City, 

Petitioner, 

vs. 
b'essie  m.  townsend,  acting  comptroller 
of  Atlantic  City, 

Respondent. 

James  H.  Hayes,  Jr.,  for  the  Petitioner. 
Theodore  F.  Schimpf,  for  Respondent. 

[Decision  of  the  Commissioner  of  Education.] 

The  Petitioner,  in  January,  1909,  employed  one  Edwin  Clark  to  criticise  the 
plans  and  specifications  for  a  new  school  building,  and  said  Clark,  in  May, 
1909,  rendered  a  bill  for  services  performed  by  him  under  said  employment,  for 


354  SCHOOL  LAW  DECISIONS. 

the  sum  of  three  thousand  dollars.  Said  bill  was  approved  by  the  Petitioner 
and  forwarded,  on  April  30,  1910,  to  the  then  Comptroller  of  Atlantic  City,  who, 
by  virtue  of  the  provisions  of  Section  62  of  the  General  School  Law,  is  the 
Auditor  of  the  School  District  of  Atlantic  City.  Later  the  bill  was  returned  to 
the  Petitioner,  together  with  a  statement  of  the  reasons  why  the  bill  should  not 
be  paid. 

On  November,  15,  1912,  the  Petitioner  adopted  a  resolution  to  pay  Clark 
the  sum  of  two  thousand  dollars,  with  interest  at  the  rate  of  six  per  cent,  from 
May  5,  1909,  to  November  15,  1912,  in  full  settlement  of  his  claim. 

In  accordance  with  this  resolution,  a  warrant  was  drawn  in  favor  of  said 
Clark  for  the  sum  of  $2,424.66.  and  forwarded  to  the  Auditor,  together  with  the 
bill  of  said  Clark,  duly  verified  by  affidavit.  On  November  27,  1912,  the  Auditor 
returned  the  warrant  and  bill,  together  with  a  statement  of  his  objections.  At 
a  meeting  held  on  November  29,  1912,  the  Petitioner,  after  considering  'the  ob- 
jections of  the  Auditor,  adopted  a  motion  that  the  bill  of  Edwin  Clark  be  or- 
dered paid,  and  on  November  30,  1912,  the  Auditor  was  notified  of  the  action  of 
the   Petitioner. 

The  Auditor  still  refuses  to  countersign  the  warrant  drawn  in  favor  of 
Edwin  Clark,  and  the  Petitioner  prays  that  an  order  may  be  issued  directing 
the  Auditor  to  countersign  said  warrant  and  deliver  the  same  to  said  Clark. 

Section  62  of  the  School  Law  provides  that  the  Comptroller,  Auditor  or 
other  officer,  if  there  be  one,  authorized  to  audit  claims  against  the  municipality 
in  which  the  school  district  shall  be  situate,  "shall  be  the  auditor  of  the  school 
district,"  and  that  all  warrants  accompanied  by  itemized  statements  of  the  claims 
shall  be  forwarded  to  said  auditor.  It  further  provides  that  "said  auditor  shall 
examine  and  audit  such  warrants  and  statements  with  a  view  to  ascertaining 
whether  the  sum  or  sums  are  proper  *  *  *  and  if  said  auditor  shall  have 
reason  to  believe  that  the  claim  or  demand  for  which  such  warrant  shall  have 
been  issued  is  incorrect,  or  for  any  cause  should  not  be  paid,  he  shall  return 
such  warrant  and  statement  to  the  Secretary  of  the  Board  of  Education  with  a 
statement  of  the  reasons  why  the  same  should  not  be  paid,  and  said  secretary 
shall  correct  said  warrant  and  statement  or  present  them  to  the  Board  of  Educa- 
tion at  its  next  meeting.  If  said  Board  shall  find  that  the  claim  or  demand 
for  which  said  warrant  was  issued  was  correct  and  just,  it  shall,  by  a  majority 
vote  of  all  the  members  of  said  Board,  order  that  it  shall  be  paid,  and  said 
auditor  shall,  upon  receipt  of  the  warrant' and  statement  thereof,  together  with 
a  statement  of  the  action  of  the  Board  of  Education  thereon,  countersign  the 
warrant  and  forward  it  to  the  Custodian  of  School  Moneys." 

The  Respondent,  in  her  answer,  assigns  several  reasons  for  her  refusal  to 
countersign  the  warrant  drawn  in  favor  of  Edwin  Clark. 

In  order  to  reach  a  decision  in  this  case,  it  is  necessary  only  to  consider 
the  eighth  objection,  which  is  that  the  bill  is  not  itemized  in  accordance  with 
law. 

The  bill  reads  as  follows : 

"For  professional  services  rendered  on  new  Grammar  School  at  Atlan- 
tic City  and  including  expenses $2,000.00 

Interest  due  from  May  5,  1909,  to  Nov.  15,  1912,  as  allowed  by  resolu 

tion  of  the  Board  of  Education 424.66 

$2,424.66" 


SCHOOL  LAW  DECISIONS.  355 

The  law  expressly  requires  that  all  bills  presented  to  the  auditor  shall  be 
itemized.  Unless  a  bill  is  properly  itemized,  i't  is  impossible  for  the  auditor  to 
perform  the  duty  cast  upon  him  by  the  statute.  The  bill  under  consideration  does 
not  state  the  nature  of  the  services  rendered  nor  the  'time  given  by  Clark  in 
performing  his  duties  under  his  agreement  with  the  Petitioner.  Neither  does 
it  state  'the  amount  of  the  expenses  nor  how  such  expenses  were  incurred. 

The  auditor  may  have  been,  and  probably  was,  in  a  general  way,  cognizant  of 
the  nature  of  the  work  performed  by  Clark,  but  this  is  not  sufficient.  He  must 
have  clearly  stated  in  the  bill  he  is  asked  to  approve  such  items  as  will  enable 
him  to  act  intelligently  when  he  approves  or  disapproves  it. 

The  bill  rendered  by  Clark  and  which  the  Respondent  refuses  to  approve 
does  not  comply  with  the  statute. 

The  appeal  is  dismissed. 

May   11,    1914. 


TRANSPORTATION  OF  PUPILS. 

Elsey  C.  Polk, 

Appellant, 
vs. 

Board    of    Education    of    Centre    Town- 
ship, 

Respondent. 

[Decision  of  the  Commissioner  of  Education.] 

Charles  C.  Polk,  son  of  the  Appellant,  completed  the  grammar  school  course 
pursued  in  the  schools  under  the  care  of  the  Respondent  in  June,  1909,  and 
application  was  made  to  the  Respondent  that  the  said  Charles  C.  Polk  be  as- 
signed to  a  high  school,  there  being  no  high  school  in  Centre  Township.  The 
Respondent  assigned  him  to  the  high  school  at  Haddon  Heights,  said  high  school 
being  the  most  convenient  high  school  he  could  attend.  He  was  denied  admis- 
sion to  said  high  school  for  the  reason  that  the  school  was  full  and  could  not 
accommodate  him.  Thereupon,  the  Appellant  laid  the  matter  before  the  Re- 
spondent at  a  meeting  held  September  14,  1909,  and  at  said  meeting  a  resolu- 
tion was  adopted  that  "Charles  C.  Polk  should  attend  the  Camden  High  School 
at  the  expense  of  the  Board  of  Education  of  Centre  Towwnship."  In  pursuance 
of  said  resolution,  the  said  Charles  C.  Polk  attended  the  Camden  High  School 
from  September,  1909,  until  June,  1913.  It  appears  that  the  Respondent  has 
paid  the  entire  cost  of  tuition  of  Charles  C.  Polk  in  the  Camden  High  School, 
and  that  the  Appellant  has  paid  the  entire  cost  of  his  transportation,  amounting 
to  $139.00. 

The  Appellant  presented  to  the  Respondent  a  bill  for  this  amount  and  pay- 
ment was  refused.  The  reason  assigned  for  such  refusal  was  that  at  a  meet- 
ing held  September  22,  1909,  the  Respondent  rescinded  its  action  taken  on 
September  14th,  and  adopted  another  resolution  "permitting  Elsey  C.  Polk  to 
send  his  son  to  Camden  High  School,  provided  he  pay  the  difference  in  tuition 
and  transportation."  In  explanation  of  its  action  of  September  22d,  the  Re- 
spondent states  that  the  cost  of  tuition  in  the  Camden  High  School  is  $70.00 
per  year,  and  the  cost  of  transportation,  $40.00  per  year,  while  the  cost  of  tui- 
tion in  the  Haddon   Heights  School  is  $40.00   per  year,   and  the   cost  of  trans- 


356  SCHOOL  LAW  DECISIONS. 

portation,  $20.00  per  year,  and  claims  that  the  Respondent  cannot  be  compelled 
to  pay  more  for  tuition  and  transportation  than  is  necessary  to  send  a  pupil  to 
the  nearest  high  school,  and  that  when  a  pupil  attends  a  high  school  other  than 
the  one  nearest  his  residence,  the  difference  in  cost  must  be  paid  by  the  parents 
of  the  pupil. 

The  Appellant  prays  that  the  action  of  the  Respondent  on  September  22, 
1909,  be  declared  to  be  null  and  void,  and  that  the  Respondent  be  directed  to  pay 
to  him  the  amount  expended  by  him  for  the  transportation  of  his  son  to  the  Cam- 
den High  School. 

The  law  provides  that  a  Board  of  Education  shall  provide  suitable  school 
facilities  and  accommodations  for  all  children  of  school  age  residing  in  the 
district  and  desiring  to  attend  school.  It  further  provides  that  such  facilities 
and  accommodations  may  be  provided  in  schools  within  the  district,  or  by  the 
payment  of  the  cost  of  tuition  for  a  child  assigned  to  a  school  in  another  dis- 
trict, and  that  the  district  shall  also  pay  the  cost  of  transporting  the  pupil  to 
and  from  school,  if  transportation  is  necessary. 

It  is  admitted  that  there  is  no  high  school  in  Centre  Township,  and  that 
transportation  was  necessary  whether  the  son  of  the  Appellant  attended  the 
Camden  High  School  or  whether  he  attended  'the  Haddon  Heights  High  School. 

The  questions  to  be  decided  are : — 

First.  Is  the  liability  of  the  Respondent  to  be  measured  by  the  cost  of 
sending  a  pupil  to  the  nearest  high  school,  and 

Second.  Is  the  Appellant  bound  by  the  action  of  the  Respondent  at  its 
meeting  on  September  22,  1909? 

If  a  district  does  not  maintain  a  course  of  study  suited  to  the  age  and  attain- 
ments of  a  pupil  it  must  send  such  pupil  to  a  school  in  another  district  and 
must  pay  the  entire  cost  of  tuition  and  transportation.  In  selecting  the  school 
a  pupil  is  to  attend,  the  Board  should  usually  select  the  school  most  convenient 
of  access  by  the  pupil ;  provided  it  has  the  proper  course  of  study,  and  a  parent 
has  no  right  to  insist  that  his  child  shall  be  sent  to  another  school  simply  be- 
cause he  happens  to  prefer  it.  He  may,  however,  with  the  consent  of  the  Board 
of  Education,  send  his  child  to  the  school  he  prefers,  provided  he  agrees  to 
pay  the  difference  in  the  cost  of  tuition  and  transportation. 

If  there  had  been  room  in  the  Haddon  Heights  School,  and  the  Appellant 
had  sent  his  son  to  Camden,  the  Respondent  would  not  have  been  liable  for  any 
expense  incurred  beyond  the  cost  of  sending  him  to  the  Haddon  Heights  School. 

It  appears  that  the  Appellant  was  willing  that  his  son  should  attend  the 
Haddon  Heights  School,  and  that  he  sent  him  there,  and  that  he  was  refused 
admission  by  reason  of  the  lack  of  room.  The  Haddon  Heights  School  being  full, 
the  Respondent  was  compelled  to  assign  the  son  of  the  Appellant  lo  another 
school,  and,  in  fact,  did  so  by  its  resolution  of  September  14,  1909.  The  Appel- 
lant certainly  cannot,  under  such  conditions,  be  held  liable  for  the  increased 
cost  of  sending  his  son  to  the  Camden  School.  The  Appellant  is  not  bound  by 
the  action  of  the  Respondent  taken  September  22,  1909. 

As  hereinbefore  stated,  it  was  the  duty  of  the  Respondent  to  assign  the 
son  of  the  Appellant  to  a  convenient  high  school,  and  that  in  pursuance  thereof 
it  did  actually  assign  him  to  the  Camden  High  School.  The  Appellant  could  not 
be  held  liable,  except  by  agreement,  for  any  portion  of  the  expense.  There  is 
no  evidence  that  he  ever  entered  into  such  an  agreement. 

A  Board  of  Education  cannot  compel  a  parent  to  pay  for  the  'transportation 
of  his  child  to  and  from  school  even  though  the  Board  agrees  to  reimburse  him. 
A  parent  may  legally   make   such  an   agreement,   and   such   is   the  general   prac- 


SCHOOL  LAW  DECISIONS.  357 

tsce,  particularly  when  the  transportation  is  by  trolley,  but  if  the  parent  refuses, 
the  Board  must  purchase  the  transportation. 

If  the  Appellant  had  not  applied  to  the  Respondent  for  'tuition  and  transporta- 
tion for  his  son,  but  had  sent  him  to  the  Camden  School  without  its  knowledge 
or  consent,  he  would  have  no  claim  for  the  amount  expended  by  him. 

If  'the  action  of  the  Respondent  on  September  22d  were  sustained,  the  Ap- 
pellant would  be  compelled  to  pay  a  portion  of  the  cost  of  providing  his  son 
with  suitable  school  facilities,  or  if  he  refused  to  advance  the  cost  of  trans- 
portation, his  son  would  have  been  deprived  of  an  education  to  which  he  legally 
was  entitled. 

The  Appellant  performed  his  full  duty  when  he  made  the  application  in 
1909,  and  he  was  justified  in  sending  his  son  to  the  Camden  School.  He  is  en- 
titled to  be  reimbursed  by  the  Respondent  to  the  full  amount  expended  by  him 
for  the  'transportation  of  his  son. 

May  12,  1914- 

DISCHARGE    OF   MEDICAL   INSPECTOR. 

Edward  B.  Terry 

Appellant, 

vs. 

The    Board    of    Education    of    Atlantic 
City, 

Respondent. 

Bolte   &   Sooy   for   Appellant. 

James   H.   Hayes,  Jr.   for  Respondent. 

[Decision  of  the  Commissioner  of  Education.] 

In  June,  1912,  the  Petitioner  was  appointed  by  the  Respondent  as  one  of 
the  Medical  Inspectors  in  the  public  schools  of  Atlantic  City,  at  an  annual 
salary  of  $500.00.  The  Petitioner  accepted  the  appointment,  and  acted  as  such 
Inspector  until  February  16,  19 13.  On  that  date  he  went  to  Reading,  Pennsyl- 
vania, being  called  there  on  account  of  the  serious  illness  of  his  mother,  and 
he  remained  there  until  after  her  death,  about   February  20th. 

On  February  20th,  the  Respondent  adopted  a  resolution  that  "Dr.  Edward 
B.  Terry  be  suspended  as  medical  inspector,  without  pay  from  this  date,  for  an 
indefinite  period  and  until  such  time  as  a  date  is  fixed  for  a  hearing  by  the 
Board  of  Education,  and  that  the  Secretary  be  instructed  to  notify  Dr.  Terry  of 
the  action   taken." 

On  March  1st,  he  was  notified  "to  be  at  the  High  School  Building,  Mon- 
day afternoon,  March  3,  1913,  at  four  o'clock,  to  meet  with  the  members  of 
the  Board  of  Education  for  the  purpose  of  hearing  your  case  relative  to  re- 
marks made  at  the  Home  and  School  Association  Meeting  held  at  the  Indiana 
Avenue   School". 

The  Petitioner  was  present  at  the  said  time  and  place,  and  was  given  a 
hearing  by  the  Committee  on   Medical   Inspection. 

On  March  20th,  the  Board  of  Education  adopted  a  resolution  "that  Dr. 
Terry  be  dismissed  from  the  services  of  the  Board  of  Education,  as  Medical 
Inspector". 


35S  SCHOOL  LAW  DECISIONS. 

From  this  action   the   Petitioner  appeals. 

The  resolution  appointing  the  Petitioner  as  one  of  the  Medical  Inspectors 
does  not  state  that  he  was  engaged   for  a  specified  term. 

The  Board  of  Education  may  appoint  a  Medical  Inspector  for  a  term  of 
years,  but,  under  the  rules  of  the  State  Board  of  Education,  a  Medical  In- 
spector cannot  be  appointed  for  a  shorter  term  than  one  year.  As  the  Re- 
spondent did  not  specify  any  term  in  the  resolution  appointing  Dr.  Terry  it 
follows  that  he  was  appointed  for  a  term  of  one  year.  The  appointment  of  the 
Petitioner,  and  his  acceptance,  constituted  a  contract  which  could  not  be  ter- 
minated by  either  party  except   for  good  cause. 

Two   reasons   are   assigned   by   the   Respondent   to   justify   its   action   in    dis- 
missing the   Petitioner   from   its   employ,   before  the   expiration   of  the   contract ; 
:.     That  he  left  Atlantic  City  and  went   to   Reading  without  first   having  ob- 
tained the  consent  of  the   City  Superintendent  of  Schools,  and 

2.     On  account  of  certain   remarks  made  by  him   at  a  public  meeting  held  in 
the   Indiana   Avenue   School. 

i.  The  notices  sent  to  Petitioner  and  the  resolutions  adopted  by  the  Com- 
mittee on  Medical  Inspection  and  by  the  Respondent  do  not  refer  to  the  absence 
of  the    Petitioner. 

In  the  minutes  of  the  meeting  of  the  Committee  held  on  March  3d,  appears 
the  following: 

"Dr.  Terry's  attention  was  also  called  to  the  fact  that  he  had  left  the 
city  without  reporting  his  absence  to  the  superintendent  or  someone  in  authority." 

The  only  other  mention  of  his  absence  appears  in  the  brief  of  the  counsel 
for   the   Respondent,   which   reads,    in   part,    as    follows : 

"The  testimony  shows  that  the  petitioner's  dismissal  was  on  the  grounds 
that  he  absented  himself  from  the  city  and  failed  to  notify  Professor  Boyer 
as   required  by  the   rules   and   regulations   of  the   Board." 

There  is  nothing  in  the  rules  governing  Medical  Inspectors  which  requires  a 
Medical  Inspector  to  obtain  the  consent  of  the  Superintendent  of  Schools  before 
leaving  the  city,  but  it  is  necessary  to  the  proper  management  of  the  schools 
that  every  employee  should  notify  someone  in  authority  of  his  intended  absence, 
and  no  employee  should  absent  himself  without  first  obtaining  the  consent  of 
the  Superintendent  or  other  person  authorized  to  grant  it,  except  under  extreme 
circumstances. 

It  is  unthinkable  that  any  person  would  refuse  a  leave  of  absence  to  an 
employee  who  was  called  to  the  bedside  of  his  dying  mother,  and  the  Petitioner 
was  justified  in  believing  that  he  had  performed  his  full  duty  when  he  caused 
to  be  sent  to  the  Superintendent  notice  of  his  proposed  absence  and  the  reason 
tfierefor. 

It  is  evident  that  the  Respondent  did  not  consider  the  absence  of  the 
Petitioner  as  just  cause  for  dismissal,  as  neither  it  nor  its  Committee  men- 
tions his  absence  in  any  of  the  resolutions  adopted  suspending  or  dismissing 
the  Petitioner. 

2.  The  Petitioner  contends  that  his  dismissal  was  contrary  to  law  for  the 
reason  that  the  hearing  was  before  a  Committee  of  the  Board  of  Education 
and  not  before  the  Board  in  regular  meeting.  There  is  nothing  in  the  law 
which  requires  that  a  hearing  on  charges  against  a  Medical  Inspector  shall  be 
held  by  the  Board.  The  rights  of  the  Petitioner  were  not  jeopardized,  for 
he  admits  that  practically  all  the  members  of  the  Board  were  present. 

I  am  not  satisfied  from  the  evidence  that  the  remarks  made  by  Dr.  Terry 
*t  the   meeting  in  the  Indiana  Avenue  School  were  of  such  a  nature  as   would 


SCHOOL  LAW  DECISIONS.  359 

warrant  his  dismissal.  Mrs.  Mitchell,  the  only  witness  produced  by  the  Re 
spondent,  other  than  Superintendent  Boyer,  who  was  present  at  the  meeting, 
testified  that  she  remembered  that  Dr.  Terry  in  his  remarks  had  charged  that 
Superintendent  Boyer  was  responsible  for  the  partition  erected  across  the  audi- 
torium in  the  Indiana  Avenue  School,  but  her  recollection  of  what  occurred 
is  so  vague  that  her  testimony  is  of  little  value.  Superintendent  Boyer  testified 
that  the  Petitioner  had,  in  his  remarks,  attacked  him  and  had  told  the  people 
that  unless  they  took  action  they  would  soon  have  "Jim  Crow  schools  and 
Jim  Crow  conditions"  in  Atlantic  City.  The  Petitioner  denies  having  mads 
such  statement.  With  the  exception  of  the  above,  the  testimony,  as  to  what 
was  said  by  Dr.  Terry,  is  very  general  in  character,  and  would  not  warrant 
his  dismissal. 

The  resolution  adopted  by  the  Respondent  on   March   20,   1913,   dismissing  the 
Petitioner  is  null  and  void,  and  the   Petitioner  is  entitled   to  receive  hit   salary 
for  the  full  term  for  which   he  was  appointed. 
June   2,    1 91 4. 

APPOINTMENT   OF   ATTORNEY    FOR    BOARD   OF   EDUCATION. 

James   H.   Hayes    Jr., 

Petitioner, 

vs. 

Bessie  M.  Townsend    Comptrolleb  of  tbi 
City  of  Atlantic   City 

Defendant. 

James    H.    Hayes,   Jr.,   pro    se. 
Theodore  W.   Schimpf  for   Defendant. 

[Decision  of  the  Commissioner  of   Education.] 

The  Board  of  Education  of  Atlantic  City  employed  the  Petitioner  to  act 
as  its  Solicitor  and  Attorney  for  one  year  from  August  1st,  1913,  at  a  salary 
of   $1,000.00. 

On  November  30th,  1913,  said  Board  ordered  paid  a  bill  for  $250.00, 
drawn  in  favor  of  the  Petitioner  for  salary  as  Solicitor  and  Attorney,  for  the 
months  of  August,  September,  and  October,  1913.  Said  bill,  together  with 
a  warrant  for  its  payment,  was  forwarded  to  the  Defendant,  who,  by  virtue  of 
the  provisions  of  section  sixty-two  of  the  School  Law,  is  the  Auditor  of  the 
School  District  of  Atlantic  City.  Said  Auditor  returned  the  bill  and  warrant 
to  the  Board  of  Education  with  her  reasons  for  refusing  to  countersign  the 
warrant.  At  a  meeting  of  the  Board,  held  December  18th,  1913,  the  bill  was 
again  ordered  paid,  and  the  bill  and  warrant  were  again  forwarded  to  the 
Auditor,   together  with   a   statement  of  the   action   of   the   Board. 

On  January  29th,  1914,  the  Board  of  Education  ordered  paid  a  bill  for 
$250.00,  drawn  in  favor  of  the  Petitioner  for  salary  as  Solicitor  and  Attorney, 
for  the  months  of  November  and  December,  1913,  and  January,  1914.  This  bill, 
.together  with  a  warrant  for  i'ts  payment,  was  forwarded  to  the  Petitioner,  who 
returned  the  bill  and  warrant  to  the  Board  of  Education  with  her  reasons  for 
refusing  to  countersign  the  warrant.     At  a  meeting  held  March    19'th,   1914,  the 


36o  SCHOOL  LAW  DECISIONS. 

Board  again  ordered  this  bill  paid,  and  the  bill  and  warrant  were  again  for- 
warded to  the  Defendant,  together  with  a  statement  of  the  action  of  the  Board. 

The  Defendant  still  refuses  to  countersign  the  warrants,  alleging,  as  a  reason 
for  her  refusal,  that  there  is  no  appropriation  from  which  the  bills  drawn  in  favor 
of  the  Petitioner  can  be  paid. 

Section  62  of  the  School  Law  provides,  among  other  things,  that  the  comp- 
troller, auditor,  or  other  officer,  if  there  be  one,  authorized  by  law  to  audit 
claims  against  the  municipality  in  which  such  district  shall  be  situate,  shall  be 
the  auditor  of  the  school  district,  and  that  the  city  treasurer,  by  virtue  of  his 
office,  shall  be  the  custodian  of  the  moneys  of  the  school  district. 

The  Defendant  performs  her  duties  as  Auditor  of  the  School  District  of 
Atlantic  City  solely  by  virtue  of  the  provisions  of  the  School  Law,  and  not 
by  any  provision  of  law  relating  to  her  duties  as  Comptroller  of  Atlantic  City. 

The  duties  of  a  school  auditor  are  clearly  denned  in  Section  62,  and  are 
confined  to  examining  and  auditing  warrants  and  statements  received  from  the 
Board  of  Education,  and,  if  said  warrants  and  statements  are  found  to  be  cor- 
rect, to  countersign  them  and  forward  them  to  the  Custodian  of  School  Moneys 
for  payment.  If  the  Auditor  has  reason  to  believe  that  the  claim  for  which 
any  warrant  is  drawn  is  incorrect,  or,  for  any  reason,  should  not  be  paid,  he 
must  return  the  warrant  to  the  Board  of  Education,  accompanied  by  a  state- 
ment of  his  reasons  for  refusing  to  countersign  'the  warrant.  The  section  further 
provides  that,  if,  after  a  warrant  is  returned  by  the  Auditor,  the  Board  "shall 
find  that  the  claim  or  demand  for  which  said  warrant  was  issued  is  correct 
and  just,  it  shall,  by  a  vote  of  a  majority  of  all  the  members  of  said  Foard, 
order  that  it  be  paid,  and  said  auditor  shall,  upon  receipt  of  the  warrant  and 
statement  thereof,  together  with  a  statement  of  the  action  of  the  Board  of 
Education  thereon,  countersign  the  warrant  and  forward  it  to  the  Custodian  of 
School  Moneys." 

The  provisions  of  Section  62  have  been  strictly  complied  with  in  the 
case  of  the  two  bills  of  the  petitioner,  except  that  the  Defendant  refuses  to 
countersign  the  warrants  for  their  payment  after  they  have  been  ordered  paid 
by  the  Board  of  Education  after  consideration  of  the  objections  made  by  her. 

The  Defendant  attempts  to  excuse  her  refusal  to  perform  the  plain  duty 
cast  upon  her  by  the  statute  by  pleading  that  there  is  no  appropriation  from 
which  the  claims  can  be  paid. 

Whether  or  not  there  is  an  appropriation  available  for  the  payment  of  the 
claims  is  no  concern  of  the  Defendant.  Her  responsibility  was  ended  when  she 
returned  the  warrants  to  the  Board  of  Education. 

It  is  ordered  that  the  Defendant  countersign  the  warrants  drawn  in  favor 
of  the  Petitioner  and  forward  them  to  the  Custodian  of  School  Moneys. 

It  was  not  necessary,  in  order  to  reach  a  decision  in  this  case,  to  pass  upon 
the  point  raised  by  the  Defendant  in  her  answer,  that  there  was  no  appropria- 
tion from  which  the  bills  of  the  Petitioner  could  lawfully  be  paid.  The  point  is, 
however,  of  such  importance  that  I  think  it  should  be  passed  upon  at  this  time. 

Section  74  of  the  School  Law  makes  it  the  duty  of  the  Board  of  Education 
in  a  city  school  district,  annually,  to  deliver  to  each  member  of  the  Board  of 
School  Estimate  "an  itemized  statement  of  the  amount  of  money  estimated  to 
be  necessary  for  the  current  expenses  of  and  for  repairing  and  furnishing  the 
public  schools  of  the  district  for  the  ensuing  year,"  and  section  75  makes  it 
the  duty  of  the  Board  of  School  Estimate,  annually,  to  "fix  and  determine  the 
amount  of  money  necessary  to  be  appropriated  for  the  use  of  the  public  schools 
in  such  district  for  the  ensuing  school  year." 


SCHOOL  LAW  DECISIONS.  361 

In  the  above  quotation  from  section  75,  the  Board  of  School  Estimate  ia 
directed  to  "fix  and  determine  the  amount  of  money  necessary  to  be  appro- 
priated for  the  use  of  the  public  schools."  The  language  used  clearly  shows  that 
it  was  the  intent  of  the  Legislature  that  the  annual  appropriation  should  be  in 
bulk  and  not  a  separate  appropriation  for  each  purpose  specified  in  the  itemized 
statement  received  from  the  Board  of  Education.  Had  it  been  the  intent  of  the 
Legislature  that  the  appropriation  should  be  itemized,  the  appropriate  language 
would  have  been  "to  fix  and  determine  the  several  amounts  needed  for  the 
several  purposes  specified  in  the  certificate."  It  should  further  be  noted  that, 
in  section  74,  the  Board  of  Education  is  directed  to  prepare  "an  itemized  state- 
ment of  the  amount  of  money  estimated  to  be  necessary."  The  Legislature,  evi- 
dently, was  aware  that  it  was  impossible  for  the  Board  of  Education  to  deter- 
mine the  exact  amount  needed  for  each  purpose,  and  that  all  that  was  intended 
was  that  the  Board  of  School  Estimate  should  have  before  it  the  information 
necessary  to  enable  it  to  act  intelligently  in  determining  the  amount  of  the 
appropriation. 

It  frequently  happens  in  a  large  city  school  district  that,  owing  to  an  un- 
expected increase  in  the  number  of  pupils,  additional  teachers  are  required,  and 
that  the  amount  estimated  to  be  necessary  for  the  payment  of  teachers'  salaries 
is  not  sufficient.  To  hold  that  the  Board  of  Education  was  prohibited  from  em- 
ploying the  necessary  teachers  because  the  amount  estimated  for  their  salaries 
was  too  small,  while  the  total  appropriation  was  ample  to  meet  all  demands,  would 
prevent  the  Board  from  performing  the  duty  cast  upon  it. 

A  Board  of  Education  in  a  City  School  District  may,  in  its  discretion,  use 
for  any  item  of  current  expense,  moneys  appropriated  by  the  Board  of  School 
Estimate,  without  regard  to  the  several  amounts  estimated  3S  necessary  for  the 
several  purposes  specified  in  its  statement  to  the  Board  of  School  Estimate. 

In  Exhibit  "P.  2,"  annexed  to  the  Petition,  the  Defendant  says  that  the 
Board  of  School  Estimate  struck  out  the  item  for  salary  of  the  Attorney  of  the 
Board  of  Education,  and  that  "said  action  was  taken  with  a  view  of  saving 
said  amount,  it  being  understood  that  the  City  Solicitor  would  act  in  a  like 
capactiy  for  the  Board  of  Education  and  Board  of  Commissioners,  at  no  addi- 
tional expense  to  the  public." 

If  that  were  the  reason  for  reducing  the  amount  of  the  appropriation,  it  is 
evident  that  the  Board  of  School  Estimate  did  not  realize  that  the  City  and  the 
School  District  were  separate  and  distinct  municipal  corporations,  and  that  the 
latter  was  not  a  department  of  the  city  government. 

A  Board  of  Education  has  no  right  to  demand  service  from  an  employee 
of  the  City  Commission,  and  no  such  employee  could  be  compelled  to  serve  the 
school  district.  It  is  true  that  the  City  Treasurer  is  the  Custodian  of  School 
Moneys,  and  that  the  City  Comptroller  is  the  Auditor  of  the  School  District, 
but  this  is  by  virtue  of  an  express  provision  of  the  School  Law. 

There  is  no  incompatibility  or  inconvenience  in  these  officers  holding  dual 
positions,  but  it  would  frequently  be  impossible  for  the  City  Solicitor  to  act  as 
Attorney  for  the  Board  of  Education. 

In  a  recent  case  tried  before  me,  in  which  the  Board  of  Education  of  Atlan- 
tic City  was  the  Complainant  and  the  City  Comptroller,  the  Defendant,  the  City 
Solicitor  appeared  for  the  Defendant.  It  is  impossible  "to  run  with  the  hare  and 
hunt  with  the  hounds,"  and  it  is  equally  impossible  for  one  person  to  appear 
as  Attorney  for  both  the  Complainant  and  Defendant. 

The  appointment  of  the  Petitioner  as  Attorney  and  Solicitor  of  the  Board 
of  Education  of  Atlantic  City  was  legal,  and  his  salary  may  be  paid   from  the 


362  SCHOOL  LAW  DECISIONS. 

moneys  appropriated  by  the  Board  of  School  Estimate  for  the  current  expense* 
of  the  schools. 
July  24,   1914. 

TRANSPORTATION  OF  PUPILS. 

Maurice  Lippincott,  et  al., 


Appellants, 


vs. 


The  Board  of  Education    op   Springfield 
Township, 

Respondent. 

[Decision  of  the  Commissioner  of  Education.] 

The  Complainants  allege  that  the  Respondent  has  failed  to  provide  proper 
school  facilities  and  accommodations  for  their  children. 

It  appears  that  the  daughter  of  Mr.  Lippincott,  who  lives  at  or  near  Jobs- 
town,  Springfield  Township,  has  been  attending  the  high  school  at  Pemberton 
since  September,  191 1,  and  that  her  father  has  paid  for  her  transportation 
between  Jobstown  and  Pemberton,  and  has  been  reimbursed  by  the  Respondent 
for  the  amount  expended  up  to  March  1,  1914;  "that  on  January  8,  1914,  Mr. 
Lippincott  wrote  to  the  District  Clerk  to  the  effect  that  he  would  not  thereafter 
advance  the  money  for  transportation,  and  requested  the  Respondent  to  make 
the  necessary  arrangements.  Pending  action  in  the  matter,  he  continued  to 
pay  the  cost  of  transportation.  On  February  3,  19 14,  he,  with  others,  requested 
the  Respondent  to  provide  transportation  for  their  children.  No  action  being 
taken  by  the  Respondent,  he  wrote  to  the  District  Clerk,  under  date  of  March 
18,  1914,  that,  in  accordance  with  a  notice  previously  given,  his  daughter  was 
at  the  Jobstown  railroad  station  on  the  morning  of  March  16th,  prepared  to  go 
to  the  high  school  at  Pemberton,  but  as  the  Respondent  had  made  no  provision 
for  her  transportation,  she  returned  to  her  home.  Since  that  date  the  daughter 
of  Mr.  Lippincott  has  continued  to  attend  the  Pemberton  High  School,  and  he 
has  paid  for  her  transportation. 

The  cost  of  a  monthly  ticket  between  Jobstown  and  Pemberton  is  $3.45, 
and  this  is  the  amount  which  the  Respondent  has  paid  to  Mr.  Lippincott. 

On  April  6,  1914,  Mr.  Lippincott  sent  to  the  Respondent  a  bill  for  the  trans- 
portation of  his  daughter  from  February  28th  to  April  6,  1914,  the  amount  being 
$4.64. 

It  further  appears  that  the  District  Clerk  sent  to  Mr.  Lippincott  orders  for 
the  payment  of  the  cost  of  transporting  his  daughter,  for  the  months  of  March 
and  April,  said  orders  being  for  the  sum  of  $3.45  each,  and  that  Mr.  Lippincott 
returned  them  alleging  that  they  did  not  cover  the  amount  expended  by  him. 

It  further  appears  that,  for  the  month  of  March,  Mr.  Lippincott,  instead  of 
purchasing  a  monthly  ticket,  purchased  regular  tickets  each  day,  at  a  cost  of 
twenty-nine   cents   each. 

The  law  makes  it  the  duty  of  a  Board  of  Education  to  provide  suitable 
school  facilities  and  accommodations  for  the  children  living  in  the  district,  and 
to  provide  transportation  whenever  necessary.  The  Respondent  erred  when  it 
neglected  to  comply  with  the  request  of  Mr.  Lippincott  that  it  provide  transporta- 
tion for  his  daughter.     To  compel  a  parent  to  provide  the  transportation,  on  the 


SCHOOL  LAW  DECISIONS.  363 

promise  that  later  he  will  be  reimbursed  for  the  amount  expended,  is  not  pro- 
viding suitable  facilities  and  accommodations  within  the  meaning  of  the  law. 
The  only  exception  to  this  is  where  the  transportation  is  by  trolley,  and  the 
trolley  company  refuses  to  sell  monthly  tickets.  In  such  cases  it  is  manifestly 
impossible  for  the  Board  of  Education  to  purchase  transportation  in  advance. 

If  parents  are  willing  to  purchase  the  tickets,  under  an  agreement  that  later 
they  will  be  reimbursed,  then:  is  no  legal  objection  to  their  doing  so.  This  is 
the  practice  in  a  large  number  of  districts,  and  parents  should  be  willing  to 
assist  the  Boards  of  Education  to  that  extent,  but,  as  before  stated,  it  can  be 
done  only  with  the  consent  of  the  parent. 

I  am  of  the  opinion  that  Mr.  Lippincott  is  not  entitled  to  the  difference  in 
cos't  between  a  monthly  ticket  and  the  amount  expended  by  him.  He  had  always 
been  paid  promptly,  and  he  had  no  reason  to  believe  that  he  would  not  be  paid 
with  equal  promptness  in  the  future.  As  a  good  citizen,  and  in  justice  to  the 
taxpayers  of  the  district,  he  should  have,  pending  action  by  the  Respondent,  se- 
cured the  transportation  of  his  daughter  at  the  lowest  possible  rate. 

Mr.  Stevenson's  case  differs  from  Mr.  Lippincott's,  in  that  he  demands 
transportation  for  his  daughters  between  their  home  and  Jobstown,  in  addition 
to  the  railroad  fare  between  Jobstown  and  Pemberton. 

It  appears  that  Mr.  Stevenson  has  two  daughters  who  have  attended  the 
Pemberton  High  School  since  September,  1912,  and  that  the  Respondent  has 
paid  the  cost  of  their  railroad  transportation. 

On  February  3,  1914.  he,  with  others,  made  "application  to  have  our  children 
transported  to  Pemberton  High  School."  On  March  14th,  he  sent  to  the  Re- 
spondent the  following  communication : 

"Jobstown,  N.  J.,  March  14,  I9M- 
I  withdraw  all  previous  applications  made  and  make 
application  to  the  Springfield  Board  of  Education  to  trans- 
port my  two  children  from  Springfield  District  School  or 
from  their  home,  whichever  is  most  convenient  for  the 
School  Board,  to  Pemberton  High  School," 

and  on  March  19,  1914,  he  sent  the  following: 

"The  Board  of  Education  have  not  provided  any  way,  as 
far  as  I  know,  to  transport  my  children  from  Springfield 
district  school  or  from  their  home,  to  Pemberton  High 
School.  I  shall  transport  them  by  wagon  to  Jobstown,  and 
from  there  by  train,  and  shall  hold  the  Board  of  Education 
responsible  for  the  same." 


Mr.  Stevenson  lives  two  and  nine-tenths  miles  from  Jobstown,  and  he  did 
not,  during  the  two  years  his  daughters  have  been  attending  the  Pemberton  High 
School,  make  any  demand  that  the  Respondent  provide  transportation  between 
his  home  and  the  railroad  station  at  Jobstown  until  March  14th  last. 

It  is  impossible  to  fix  any  definite  distance  beyond  which  transportation  is 
necessary,  and  within  which  it  need  not  be  provided.  The  age  and  sex  of  the 
children,  the  condition  of  the  road  and  its  surroundings,  and  the  hours  at  which 
the  trips  must  be  made,  are  all  factors  which  must  be  considered  in  determining 
whether  or  not  transportation  is  necessary.     In  the  absence  of  proof  to  the  con- 


364  SCHOOL  LAW  DECISIONS. 

trary,  it  must  be  assumed  that  the  fact  that  Mr.  Stevenson  did  not,  from  the  time 
his  daughters  began  attending  the  Pemberton  High  School,  in  September,  1912, 
to  March  14,  19 14,  make  any  demand  for  transportation  for  his  daughters 
between  the  railroad  station  and  their  home,  is  conclusive  evidence  that  he  did 
not  believe  that  it  was  the  duty  of  the  Respondent  to  provide  such  transportation. 

I  am  of  the  opinion,  therefore,  that  the  Respondent  is  not  liable  for  any 
transportation  heretofore  furnished  by  Mr.  Stevenson,  between  his  home  and 
the  railroad  station  at  Jobstown. 

For  the  reasons  stated  in  the  case  of  Mr.  Lippincott,  I  find  that  Mr.  Steven- 
son is  entitled  to  be  reimbursed  at  the  rate  of  $3-45  per  month  for  transporta- 
tion for  each  of  his  daughters,  between  Jobstown  and  Pemberton. 

The  decision  in  the  case  of  Mr.  Stevenson  is  without  prejudice  of  his  right 
to  request  that,  hereafter,  the  Respondent  provide  transportation  for  his  daugh- 
ters between  their  home  and  Jobstown,  and,  in  the  event  of  the  Respondent's 
refusal  to  comply  with  such  request,  to  appeal  to  the  Commissioner  and  offer 
proof  of  the  necessity  for  such  transportation. 

At  the  hearing  before  me,  the  Appellants  attempted  to  show  that  other 
children  residing  in  the  district  were  given  facilities  which  were  denied  their 
children.  As  the  Respondents  had  no  notice  that  the  question  as  to  the  facili- 
ties provided  for  children  other  than  those  of  the  Appellants  would  be  raised, 
that  question  is  not  properly  before  me  for  adjudication. 

August  6,  1914- 

APPOINTMENT  OF  MEMEERS  OF  BOARD  OF  EDUCATION  ORGANIZED 

UNDER   ARTICLE   VI. 

Charles  W.  Blackmore,  et  al., 

Appellants, 


vs. 

Frederick  Mann,  et  al.. 


Respondents. 


Warren  Dixon,  for  Appellants. 

J.  Emil  Walscheid,  for  Respondents. 

[Decision  of  the  Commissioner  of  Education.] 

The  School  District  of  the  Town  of  Guttenberg  is  organized  under  the  pro- 
visions of  Article  VI  of  the  School  Law,  and,  at  the  time  of  the  passage  of 
Chapter  370,  P.  L.  1912,  had  a  Board  of  Education  composed  of  nine  mem- 
bers. The  terms  of  office  of  three  of  said  members  would  expire  February  I, 
1913;  the  terms  of  office  of  three,  on  February  1,  1914;  and  the  terms  of  office 
of  three,  on  February  1,  1915- 

Chapter  370,  above  referred  to,  provides  that  in  a  district  organized  under 
Article  VI,  and  having  a  population  of  less  than  forty-five  thousand,  the  Board 
of  Education  shall  be  composed  of  five  members.  It  further  provides  that  the 
persons  serving  as  members  of  a  Board  of  Education  in  such  district  shall 
continue  to  serve  until  the  first  day  of  February  next  after  the  dates  on  which 
their  terms  would  otherwise  have  expired.  When,  by  virtue  of  this  provision, 
the  terms  of  three  members  of  the   Board   of   Education   of  Guttenberg  expired 


SCHOOL  LAW  DECISIONS.  365 

on  February  i,  1913,  Charles  A.  Eypper,  then  Mayor  of  Guttenberg,  did  not 
appoint  any  persons  to  succeed  them,  and  the  Board  continued  with  six  mem- 
bers until  December  8,  1913,  when  Mayor  Eypper  accepted  their  resignations, 
and  made  the  following  appointments  to  fill  the  vacancies  in  the  Board  of 
Education : 


Frederick  E'runner,    'term  to  expire  February  1,  1914. 

David  Griffin term  to  expire  February   1,  1915. 

Bartholamew    Brackett,    term  to  expire  February  1,  1916. 

Max   Rosivatch term  to  expire  February   1,  1917. 

Frederick  Mann,    term  to  expire  February  1,  1918. 

Daniel  Herrman  became  Mayor  of  Guttenberg,  January  1,  1914,  and,  ignor- 
ing the  appointment  made  by  his  predecessor,  appointed  the  following  named  per- 
sons as  members  of  the  Board  of  Education : 

Charles  W.  Blackmore term  to  expire  February   1,   1919. 

George  Bischoff term  to  expire  February   1,   1918. 

David  Vollinger,    term  to  expire  February  1,   1917. 

August    Lawrence term  to  expire  February   1,   1916. 

John  McConnell term  to  expire  February   1,   1915. 

These  last  named  persons  are  the  Appellants  in  this  case,  and  they  ask  that 
they  be  declared  to  be  'the  legal  members  of  the  Board  of  Education  of  Gutten- 
berg. 

Chapter  370,  P.  L.  1912,  was  approved  April  2,  1912,  and  went  into  effect 
immediately. 

The  determination  of  this  case  depends  upon  the  interpretation  of  the  pro- 
visos in  section  one,  which  read  as  follows : 

"provided,  that  every  member  of  a  board  of  education  in  a  school  dis- 
trict affected  by  this  supplement  shall  continue  to  serve  during  his 
term  of  office  and  thereafter  until  the  first  day  of  February  'then  next 
ensuing;  and  provided  further,  that  first  appointments  under  this  sup- 
plement may  be  for  less  than  full  terms  if  necessary,  it  being  'the 
intention  to  provide  hereby  that  when  this  supplement  shall  take 
effect  in  a  school  district  there  shall  be  an  immediate  increase,  if 
necessary,  'to  five  members  or  to  nine  members,  according  to  the  popu- 
lation of  the  school  district,  as  above  provided,  and  the  gradual  re- 
duction to  the  prescribed  membership  as  terms  expire,  if  in  any  case 
the  existing  membership  shall  be  in  excess  thereof,  and  that  eventually 
in  cases  of  boards  of  education  consisting  of  five  members,  one  shall 
go  out  of  office  each  year." 

The  members  of  the  Board  of  Education  in  office  on  April  2,  1912,  the  date 
on  which  the  act  went  into  effect,  continued  to  be  members  of  the  Board,  not 
by  virtue  of  the  act  under  which  they  were  originally  appointed,  but  solely  by 
virtue  of  the  proviso  to  the  act  of  1912,  above  quoted,  which  not  only  continued 
them  in  office,  but  extended  their  respective  terms.  The  law  was  in  force  and 
effect  on  the  day  on  which  it  was  approved,  and  when  any  of  the  persons  who 
were   continued   in   office   ceased   to  be    a   member   of   the    Board,   there    was   no 


366  SCHOOL  LAW  DECISIONS. 

power  vested  in  the  Mayor  to  appoint  a  person  for  the  unexpired  term  for  which 
such  member  was  originally  appointed,  and  there  could  be  no  vacancy  in  the 
Board  until  the  number  of  members  in  office  was  less  than  five. 

The  Appellants  contend  that  "the  act  becomes  pro  tanto  effective  when  the 
Board  is  reduced  to  the  requisite  number,  and  that  if  all  resigned  at  once  the 
act  becomes  instantly  effective  and  a  new  Board  must  thereupon  be  organized 
under  the  terms  of  that  act,  regardless  of  the  unexpired  term  of  office  of  the  re- 
signing members." 

They  further  contend  that  in  such  case,  there  would  be  no  unexpired  terms, 
and  that  the  district  would  be  without  a  Board  of  Education  until  the  first  of 
February  following,  for  the  reason  that  regular  appointments  were  required  to 
be  made  between  the  second  and  fifteenth  days  of  January.  If,  instead  of  resign- 
ing, the  members  had  died  or  been  disqualified,  the  result  would  have  been  the 
same.  To  take  a  less  extreme  illustration :  if  none  of  the  members  had  resigned, 
but  four  had  died  or  been  disqualified,  there  would  still  have  been  a  Board  of 
Education,  but  with  less  than  a  quorum  and,  therefore,  unable  to  transact  any 
business.  It  is  not  possible  that  it  was  the  Legislative  intent  that  a  school  dis- 
trict could  be  left  for  months  without  a  Board  of  Education,  or  without  power 
to  transact  business. 

The  Appellants  admit  that  the  act  becomes  effective  as  soon  as  the  Board 
is  reduced  to  the  requisite  number.  It  follows,  therefore,  that  being  in  effect 
if  a  vacancy  occurs  thereafter  such  vacancy  must  be  filled  in  accordance  with 
the  provisions  of  the  act  of  1912.  If  the  act  is  in  effect  when  the  Board  reaches 
the  requisite  number,  I  am  unable  to  understand  how  it  cannot  be  in  effect  if 
there  are  no  members. 

It  is  true  that  there  were  no  vacancies  in  terms  prescribed  by  the  act  of 
1912,  but  there  were  five  vacancies  in  the  Board,  and  as  Mayor  Eypper  could 
not  appoint  a  person  for  a  longer  term  than  five  years,  or  more  than  one  person 
for  the  same  term,  and  as  the  act  prescribes  that  the  terms  of  the  members  shall 
expire  on  February  1st,  he  pursued  the  only  possible  course  in  designating  the 
terms  for  which  the  several  persons  appointed  by  him  should  serve. 

The  appointments  made  by  Mayor  Herrman,  except  in  the  case  of  Charles 
W.  B'lackmore,  who  was  appointed  to  succeed  Frederick  Brunner,  whose  term  ex- 
pired February  1,  1914.  are  null  and  void. 

The  appeal  is  dismissed. 

August  14,  1914- 

TENURE  OF  SERVICE  OF  TEACHERS. 

Carolyn  E.  Tobey, 

Appelant, 
vs. 

The  Board  of  Education  of  the  City  of 
Newark, 

Respondent. 

G.  R.  Munroe.  for  Appellant.  V 

Charles  M.  Myers,  for  Respondent. 

[Decision  of  the  Commissioner  of  Education.] 

It  is  admitted  that  the  Appellant  is  protected  by  the  provisions  of  Chapter 
243,  P.  L.  1909,  known  as  the  "Teachers'  Tenure  of  Service  Act." 


SCHOOL  LAW  DECISIONS.  367 

Prior  to  October,  19 10,  she  held  the  position  of  "Model  and  Critic  Teacher 
in  the  Kindergarten  Department  of  the  Webster  Street  School,  Branch  of  the 
Newark  Normal  School,"  and  received  an  annual  salary  of  $1,600.00.  At  a 
meeting  of  the  Respondent,  held  October  27,  1910,  a  resolution  was  adopted 
transferring  the  Appellant,  and  two  other  teachers  holding  similar  positions,  to 
the  positions  of  "Kindergarten  Directresses,"  dating  such  transfers  from  the 
first  day  of  October  preceding,  and  reducing  their  salaries  to  $1,100.00  per 
annum. 

From  this  action,  the  appeal  is  taken. 

The  questions  to  be  decided  are: 

1.  Was  the  transfer  of  the  Appellant  contrary  to  the   provisions   of  the 

Teachers'  Tenure  of  Service  Act? 

2.  If  the  transfer  was  permissible,  was  the  reduction  in  the  amount  ol 
her  salary  contrary  to  the  provisions  of  said  act? 

3.  If  the  transfer  and  reduction  of  salary  were  legal,  is  the  Appellant 
entitled  'to  salary  for  the  month  of  October,  1910,  at  the  rate  of 
$1,600.00   per   annum? 

1.  Was  the  transfer  of  the  Appellant  contrary  to  the  provisions  of  the 
Teachers'  Tenure  of  Service  Act? 

Section  one,  of  the  act,  reads  in  part  as  follows : 

"No  principal  or  teacher  shall  be  dismissed  or  subjected  'to  a  reduction  of 
salary  in  said  school  district  except  for  inefficiency,  incapacity,  conduct  unbecom- 
ing a  teacher  or  other  just  cause,  and  after  a  written  charge  of  the  cause  or 
causes  shall  have  been  preferred  against  him  or  her  *  *  *  and  after  the 
charge  shall  have  been  examined  into  and  found  true  in  fact  by  said  Board  of 
Education,"  and  section  three  reads  as  follows : 

"Nothing  herein  contained  shall  be  held  to  limit  the  right  of  any  school 
board  to  reduce  the  number  of  principals  or  teachers  employed  in  any  school 
district  when  such  reduction  shall  be  due  to  a  natural  diminution  of  the  number 
of  pupils  in  said  school  district." 

No  charges  of  any  kind  were  made  against  the  Appellant  and  no  hearing 
was  granted  her,  nor  was  there  a  "natural  diminution  in  the  number  of  pupils" 
if  that  provision  of  'the  law  be  strictly  construed. 

There- are,  scattered  throughout  the  State,  many  small  school  houses  erected 
before  our  roads  were  improved  and  when  there  were  no  large,  well  graded 
schools  within  a  reasonable  distance.  The  per  capita  cost  of  some  of  these  schools 
is  much  greater  than  that  of  a  large  graded  school,  and  the  educational  facili- 
ties provided  for  the  pupils  are  very  much  less.  Also,  in  some  of  the  smaller 
districts,  high  school  classes  have  been  maintained  for  the  reason  that  there 
were  no  well  equipped  high  schools  convenient  of  access.  The  tendency  is  to 
abandon  these  schools  and  classes,  and  transport  the  pupils  to  the  larger  and 
better  equipped  graded  schools,  the  result  being  a  considerable  reduction  in  the 
cost  of  maintaining  the  schools,  and  also  giving  to  the  pupils  a  far  better  oppor- 
tunity to  secure  an  adequate  education.  In  some  of  these  schools,  there  are 
teachers  who  are  protected  by  the  Tenure  of  Service  Act,  and  to  hold  that 
these  schools  and  classes  could  not  be  abandoned,  and  the  teachers  dismissed, 
would  be  an  injustice  to  the  pupils  and  taxpayers  of  the  district. 

The  correct  and  reasonable  construction  of  the  term  "natural  diminution 
in  the  number  of  pupils"  is  that  whenever  the  number  of  pupils  enrolled  in  the 
schools  is  decreased  either  by  an  actual  loss  of  population,  or  by  reason  of 
discontinuing  a  class  and   sending  the  pupils   to   another  school,   thereby  render- 


368  SCHOOL  LAW  DECISIONS. 

ing  the  services  of  the  teacher  of  such  class  unnecessary,  there  has  been  a, 
"natural  diminution"  within  the  meaning  of  the  law. 

A  strict  construction  of  section  three  would  prevent  Boards  of  Education 
from  providing  for  the  pupils  the  thorough  and  efficient  school  system  guaran- 
teed to  them  by  our  Constitution,  would  compel  the  maintaining  of  schools  and 
classes  which  had  outlived  their  usefulness,  and  impose  an  unnecessary  financial 
burden  on  the  districts.  The  statute  must  be  so  construed  that  it  will  permit  a 
Board  of  Education  to  close  a  school  or  abolish  a  class  which  is  unnecessary, 
even  though  such  action  results  in  the  dismissal  of  a  teacher  who  is  protected 
by  the  Tenure  of  Service  Act.  This  construction  is  in  accord  with  the 
decisions  of  the  Supreme  Court  in  the  cases  of  Paddock  vs.  Hudson  County 
Board  of  Taxation,  82,  N.  J.  L.  360,  and  John  Colgarry,  vs.  Board  of  Street  and 
Water  Commissioners  of  the  City  of  Newark,  89,  Atlantic  Reporter,  789. 

The  evidence  in  the  case  under  consideration  shows  that  the  Kindergarten 
Department  of  the  Newark  City  Normal  School  was  discontinued  for  the  reason 
that  the  necessity  for  it  no  longer  existed,  and  that  it  had  ceased  'to  be  an  in- 
dispensable part  of  a  thorough  and  efficient  school  system.  The  Respondent, 
having  abolished  the  Kindergarten  Department,  could  legally  have  dismissed 
the  Appellant  from  its  service.  Therefore,  her  appointment  to  another  position 
was  not  contrary  to  the  provisions  of  the  Tenure  of  Service  Act. 

2.  If  "the  transfer  was  permissible,  was  the  reduction  in  the  amount  of 
her  salary  contrary  to  the  provisions  of  the  act? 

The  resolution  adopted  by  the  Respondent,  assigning  the  Appellant  as  "Kin- 
dergarten Directress"  in  the  Webster  School  is  not  an  accurate  statement  of 
the  action  taken.  It  was  not  a  transfer,  but  the  appointment  of  the  Appellant, 
who,  by  reason  of  the  abandonment  of  the  Kindergarten  Department,  held  no 
position,  to  a  position  then  vacant.  The  Respondent  has  adopted  rules  govern- 
ing the  salaries  of  teachers,  and  the  Appellant  is  receiving  the  maximum  salary 
allowed  by  the  rules,  for  the  position  she  holds.  There  has  been  no  reduction 
in  the  salary  of  the  Appellant  within  the  meaning  of  the  Tenure  of  S*ervice  Act. 

3.  If  the  'transfer  and  reduction  of  salary  were  legal,  is  the  Appellant 
entitled  to  salary  for  the  month  of  October,  1910,  at  the  rate  of  $1,600.00  per 
annum  ? 

Section  68  of  the  School  Law  provides  that  "no  principal  or  teacher  shall 
be  appointed,  transferred  or  dismissed,  nor  'the  amount  of  his  or  her  salary 
fixed  *  *  *  except  by  a  majority  vote  of  the  whole  number  of  members 
of  the  Board  of  Education." 

The  Respondent  assigned  the  Appellant  to  her  new  position  at  a  meeting 
held  October  27,  19 10,  and  provided  that  the  assignment  should  take  effect  as 
of  October  1,  19 10. 

Action  by  a  Board  of  Education,  under  Section  68,  is  not  complete  until  the 
vote  is  actually  taken.  The  Respondent  erred  in  attempting  to  make  the  resolu- 
tion effective  as  of  October  1st,  and  the  Appellant  is  entitled  to  compensation 
at  the  rate  of  $1,600.00  per  annum  up  to  October  27,  1910, 

August  X7,  1914. 


SCHOOL  LAW  DECISIONS.  369 

SALARY  OF  TEACHER  UNDER  TENURE  OF  SERVICE  ACT. 

Arthur  Wakefield, 

Appellant, 
vs. 

The    Board   of    Education    of    Hoboken, 

Respondent. 

[Decision   of  the   Commissioner   of   Education.] 

The  Appellant  was  employed  as  a  teacher  in  the  schools  under  the  control 
of  the  Respondent  from  June  i,  1907,  to  January  30,  1914,  but  his  salary  did 
not  begin  until  September  i,  1907,  from  which  date  said  salary  was  paid  to  him 
each  year  in  twelve  equal  monthly  installments,  except  the  July  and  August 
installments,  which  were  both  paid  in  July.  He  ceased  to  be  a  teacher  in  the 
schools  of  Hoboken,  by  virtue  of  his  resignation,  dated  January  1,  1914,  to  take 
effect  on  January  30,  1914,  which  resignation  was  accepted  by  the  Respondent 
on  January   19,   1914. 

The  Appellant  has  received  five-twelfths  of  his  salary  for  the  year  beginning 
September  1,  1913,  but  claims  that  he  should  have  received  six-twelfths,  for  the 
reason  that  he  taught  in  the  schools  of  Hoboken  for  one-half  of  the  time  the 
schools  were  actually  in  session  during  said  year. 

The  Appellant  further  claims  that  the  refusal  of  the  Respondent  to  pay  him 
the  full  one-half  of  his  annual  salary  is  a  violation  of  that  provision  of  Chapter 
243  of  the  laws  of  1909,  which  prohibits  a  board  of  education  from  reducing 
the  salary  of  a  teacher  "after  the  expiration  of  a  period  of  employment  of  three 
consecutive  years  in  the  district." 

In  the  case  of  Gowdy  vs.  the  Board  of  Education  of  Paterson,  84  N.  J.  L. 
231,  the  Supreme  Court  held  that  the  resolution  of  the  Board  of  Education 
providing  that  the  salaries  of  teachers  should  thereafter  be  paid  in  twelve 
monthly  installments,  instead  of  ten,  as  theretofore,  resulted  in  a  reduction  in 
Miss  Gowdy's  salary,  and  was,   therefore,  prohibited  by  the  act  of   1909. 

Prior  to  the  passage  of  said  resolution,  Miss  Gowdy's  salary  had,  for  a  num- 
ber of  years,  been  paid  in  ten  monthly  installments,  and  had  been  so  paid  prior 
to  the  passage  of  the  act  of  1909,  and  for  some  months  subsequent  to  its 
passage.  It  was  for  this  reason,  and  not  merely  because  Miss  Gowdy  had  per- 
formed all  the  duties  required  of  her  at  the  end  of  ten  months,  that  the  Court 
decided  that  the  action  of  the  Board  of  Education  was  illegal. 

The  Appellant  in  this  case  has  always  received  his  salary  in  twelve  monthly 
installments,  except  for  July  and  August.  There  is  nothing  in  the  rules  of  the 
Respondent  which  requires  the  payment  of  the  August  salary  in  July,  but  such 
payment  is,  by  virtue  of  a  special  resolution,  adopted  each  year. 

The  conditions  are  so  dissimilar  that  I  am  of  the  opinion  that  the  decision 
of  the  Court  in  Miss  Gowdy's  case  cannot  be  construed  as  applying  to  the  case 
under   consideration. 

Section  106  of  the  School  Law  provides  that  "a  Board  of  Education  may 
make  rules  and  regulations  governing  the  engagement  and  employment  of 
teachers,  the  terms  and  tenure  of  such  employment,  and  the  promotion  and 
dismissal  of  such  teachers  and  principals  and  the  time  and  mode  of  payment 
thereof,  and  may  from  time  to  time  change,  amend  or  repeal  such  rules  and 
regulations.  The  employment  of  any  teacher  by  such  board  and  the  rights  and 
duties  of  such  teacher  with  respect  to  such  employment,  shall  be  dependent 
upon  and  shall  be  governed  by  the  rules  and  regulations  in  force  with  refer- 
ence   thereto." 


370  SCHOOL  LAW  DECISIONS. 

The  section,  except  as  modified  by  the  act  of  1909,  is  still  in  force. 

Rule  XI  of  the  Board  of  Education  of  Hoboken  reads  as  follows : 

"Salaries  shall  be  paid  by  the  Secretary  as  nearly  as  possible  on  the  last  Fri- 
day of  the  month." 

This  rule  was  in  force  at  the  time  the  Appellant  was  employed  by  the  Re- 
spondent and   is  still  in  force. 

The  Appellant  has  not  suffered  a  reduction  of  salary,  but  has  been  paid  the 
full  amount   due  him. 

The  appeal   is   dismissed. 

July  6,   1914. 


Blanks  and  Forms 

For  School  Officers 


(371) 


Blanks  and  Forms  for  School  Officers 


The  following  Forms  have  been  prepared  for  the  use  of  all  officers 
having  duties  to  discharge  under  the  School  Law.  Their  use  will 
secure  uniformity  and  correctness  in  the  transaction  of  financial  and 
general  school  business.  The  literal  use  of  these  Forms  is  in  no 
case  essential  to  the  validity  of  a  school  instrument.  Any  Form 
may  be  used  which  clearly  expresses  the  objects  designed,  or  the 
intention  of  the  parties  interested,  and  conforms  in  all  respects  to 
the  requirements  of  the  law,  but  as  those  annexed  have  been  pre- 
pared with  strict  reference  to  these  necessary  conditions,  their  use 
is  recommended.  The  blank  spaces  are  to  be  filled  to  meet  the 
varying  circumstances  in  each  case. 

CALVIN  N.  KENDALL, 
Commissioner  of  Education. 


(373) 


374  BLANKS  AND  FORMS 


Forms  for  County  Superintendents 


I.      (Form  No.  A25.) — Transfer  Certificate 

For    pupils    as    between    districts. 

County. 

Transfer  Certificate  No 

This  is  to  certify  that ,  residing  in  the 

School  District  of County  of ,  has  re- 
ceived the  consent  of  the  County  Superintendent  to  attend  the 
Public  Schools  in  the  School  District  of 

County  of 

Dated 19 


County  Superintendent. 

One  copy  should  be  filed  with  the  clerk  of  the  school  district  in 
which  the  pupil  attends  school,  and  one  copy  with  the  clerk  of  the 
school  district  in  which  said  pupil  resides.  When  the  districts  are 
in  adjoining  counties,  the  certificate  must  be  signed  by  the  County 
Superintendent  of  each  county. 


II.      (Form  No.  B12.) — Notice  of  Institute — Postal  Card 

,  N.  J., 19.... 

The  Teachers'  Institute  for County  will  be  held 

at ,  beginning 19 and  closing 

19- ••■ 

County  Superintendent. 

Rule  Prescribed  by  the  State  Board  of  Education. — "All  teachers  are  re- 
quired to  attend  the  Annual  Institute,  held  for  the  County  in  which  they  are 
teaching;  and  no  deduction  shall  be  made  from  the  salary  of  any  teacher  for 
the  time  he  or  she  shall  be  in  attendance  upon  said  institute." 


FOR  SCHOOL  OFFICERS. 


375 


111.       (Form   No.    B-13.) — Certificate   of   Teacher'*   Attendance   at   Institute. 

, n.  j., ..: ,19.... 

To  the  Board  of  Education  of  the  School  District  of : 

I  hereby  certify  that has  been  in  attend- 
ance at  the  Annual  Institute  of  the  County,  just  closed, 

davs. 


County  Superintendent 


Each  teacher  must  keep  his  or  her  record  of  attendance  at  the 
Institute  on  this  card,  and  hand  it  to  the  County  Superintendent  at 
the  close  of  the  Institute.  Do  not  fail  to  do  so,  as  upon  this  record 
will  be  based  the  report  of  the  Superintendent  to  the  District  Clerk. 


Date 191— . 

Present 

From  A.  M.  to  A.  M. 
From  P.  M.  to  P.  M. 
From  P.  M.  to  P.  M. 

Date 191. 

Present 

From  A.  M.  to  A.  M. 
From  P.  M.  to  P.  M. 
From  P.  M.  to  P.  M. 

Date..              191 

Morning 

Present 
From  A.  M.  to  A.  M. 

Afternoon 
F.vening 

From  P.  M.  to  P.  M. 
From  P.  M.  to  P.  M. 

t 

I  hereby  certify  that  the  above  record  of  my  attendance  at  the 

Teachers'  Institute  for County,  held ,  191 . . ., 

is  correct  and  true. 

Teacher. 

School. 

District, 


RULES  OF  STATE  BOARD  OF  EDUCATION. 

No  public  school  in  the  State  shall  be  in  session,  or  shall  be 
deemed  to  be  in  session,  during  the  period  the  Institute  for  the 
county  in  which  it  is  situate  shall  be  held. 

All  teachers  shall  attend  the  Annual  Institute  held  for  the  county 
in  which  they  are  teaching,  and  no  deduction  shall  be  made  from 
the  salary  of  any  teacher  for  the  time  he  shall  be  in  attendance  upon 
said  Institute. 


376 


BLANKS  AND  FORMS 


The  County  Superintendent  *  *  *  shall  render  an  exact  state- 
ment to  Employing  Boards  as  to  the  time  each  teacher  in  the  county 
has  been  in  attendance  at  said  Institute,  and  no  teacher  shall  be  paid 
for  time  not  in  actual  attendance  at  the  said  Institute,  except  upon 
the  presentation  of  a  written  excuse  from  the  County  Superintendent. 


IV.       (Form   No.   B20.) — Statement  of  Expenses 

,  N.  J, ,  19 

To  the  State  Board  of  Education : 

Herewith  I  submit  a  statement,  by  items,  of  the  expenses  incurred 
by  me  in  the  performance  of  my  official  duties  as  County  Superin- 
tendent of  Schools  for County,  for  the  three  months 

ending ,  19.  . .  . 


OFFICE  EXPENSES. 


Postage, 
Expressage, 
Stationery, 
Printing, 


MISCELLANEOUS  EXPENSES. 


EXPENSES  INCURRED  IN  VISITING  SCHOOLS. 


Date, ,  Schools, 

Date, ,  Schools, 


SUMMARY. 

Office  expenses,        ...... 

Miscellaneous    expenses,  .... 

Expenses  incurred  in  visiting  schools, 

Total,      ....... 

Total  number  of  school-houses  in  the  County, 


FOR  SCHOOL  OFFICERS.  377 

Total  number  visited  during  the  three  months  ending 

,   19-  •••> 

Numbers  of  the  schools  not  visited,         .         .  

Reasons  why  these  schools  were  not  visited,    .  


State  of  New  Jersey,  "1 
County,  j  v " ' 

On  this day  of ,  19.  .  .  .,  before  me  personally 

appeared ,  County  Superintendent  of County, 

who,  on  his  oath,  saith  that  the  within  statement  is  true,  and  that, 
to  the  best  of  his  knowledge  and  belief,  he  has,  during  the  time  for 
which  this  statement  is  made,  faithfully  performed  all  the  duties 
imposed  by  the  School  Law  and  by  the  regulations  of  the  State 
Board  of  Education. 

Sworn  and  subscribed  before  me      I 
this day  of ,    19...     >     f  *  * " " 


V.       (Form  No.  B3.) — Order  on  County  Collector  for  the  $250,000  State 

School   Fund   Appropriation 

Office  of  County  Superintendent, 
No ,  N.  J., ,19 

To  the  Collector  of County  : 

Pay  to  the  order  of ,  Custodian  of  School 

Moneys  of  the  School  District  of ,   

dollars,  being  the  amount  apportioned  out  of  the  State  Appropria- 
tion of  $250,000,  for  the  support  of  Public  Schools  in  said  District, 
for  the  School  Year  beginning  July  1st,  19.  . .  . 
$ 


County  Superintendent. 


378  BLANKS  AND  FORMS 

VI.      (Form  No.  B4.) — Order  on  County  Collector  for  the  State 

Appropriation 

Office  of  County  Superintendent, 

No ,  N.  J., ,19 

To  the  Collector  of County  : 

Pay  to  the  order  of ,  Custodian  of  School 

Moneys  of  the  School  District  of .  .  . ,  

dollars,  being  the  amount  apportioned  out  of  the  State  Appropria- 
tion for  the  support  of  Public  Schools  in  said  District,  for  the  School 
Year  beginning  July  1st,  19.  .,  in  accordance  with  the  provisions  of 
section  200  of  the  School  Law. 
$ 

County  Superintendent. 


VII.      (Form  No.  B6.) — Order  on  the  County  Collector  for  the  State 

School  Tax 

Office  of  County  Superintendent,     } 
No ,  N.  J., ,19 \ 

To  the  Collector  of County  : 

Pay  to  the  order  of Custodian  of  School 

Moneys  of  the  School  District  of ,   

dollars,  being  the  amount  apportioned  out  of  the  State  School  Tax 
for  the  support  of  Public  Schools  in  said  District,  for  the  School 
Year  beginning  July  1st,  19.  . .  . 
$ 


County  Superintendent. 


VIII.       (Form  B7  ) — Order  on   the  County  Collector  for  the  Reserve 

Fund 

Office  of  County  Superintendent,    "1 

No ,  N.  J., ,19 f 

To  the  Collector  of County : 

Pay  to  the  order  of ,  Custodian  of  School 

Monevs  of  the  School  District  of 


FOR  SCHOOL  OFFICERS.  379 

dollars,  being  the  amount  apportioned  out  of  the  Reserve  Fund  for 
the  support  of  Public  Schools  in  said  District,  for  the  School  Year 
beginning  July  ist,  19. . .  . 
$ ' 


County  Superintendent. 


IX.       (Form  No.  B8.)— Order  on  the  County  Collector  for  the  Interest  of 

Surplus  Revenue 

Office  of  County  Superintendent,    1 

No ,  N.  J., ,19....         J 

To  the  Collector  of County  : 

Pay  to  the  order  of Custodian  of  School 

Moneys  of  the  School  District  of ,  

dollars,  being  the  amount  apportioned  out  of  the  interest  of  the  Sur- 
plus Revenue  for  the  support  of  Public  Schools  in  said  District,  for 
the  School  Year  beginning  July  ist,  19.  .  .  . 
$ • 

County  Superintendent. 


X.       (Form  No.  B9.) — Order  on  County  Collector  for  Balances 

Office  of  County  Superintendent, 

No ,  N.  J., ,19 

To  the  Collector  of County  : 

Pay  to  the  order  of Custodian  of  School 

Moneys  of  the  School  District  of ,   

dollars,  being  the  amount  of  balance  of  State  Appropriation  reap- 
portioned to  said  District  for  the  support  of  Public  Schools,  for  the 
School  Year  beginning  July  1st,  iq.  . .  . 
$ 

County  Superintendent. 


BLANKS  AND  FORMS 

XL       (Form  No.   B5.1 — Order  on   County   Collector  for  State  Railroad  Tax 

N.J 19... 

To  the  Collector  of County  : 

Pay  to  die  order  of Custodian  of  the  School 

Moneys  of  the  School  District  of 

dollars,  being  the  amount  apportioned  out  of  the  State  Railroad  Tax 
for  the  support  of  Public  Schools  in  said  District  for  the  School 
Year  beginning  July  1st.  19.  . .  . 
$ 


County  Superintendent. 


XII.       (Form    No.    Bll.) — Notice    to    District   Clerk    that    Teacher    ha«    filed 

Report 

N.  T 19.... 

To District  Clerk : 

Sir — You  are  hereby  notified  that has  filed 

annual  report  with  me.  as  required  by  law. 


County  Superintendent. 


XIII.      Form    of    Certificate    Condemning    a    School-Houie 

This  is  to  certify  that  I,  the  undersigned,  have  this  day  condemned 

Public  School-house  Xo in  the  School  District  of 

and  County  of ,  as  being,  in  its  present  condition,  inade- 
quate and  unsuited  to  the  number  of  pupils  attending  or  desiring  to 
attend  said  school.     [Here  give  reasons.] 

Dated  this day  of 19 ...  . 


County  Superintendent. 
Approved  this day  of 19.  .  .  . 


Commissioner  of  Education. 


'  z. — The  original  should  be  filed  with  the  District  Clerk,  a  copy  retained 
by  the  County  Superintendent  and  a  copy  filed  with  the  Commissioner  of 
Education. 


FOR  SCHOOL  OFFICERS.  381 

XIV.       (Form    No.    BIO.) — Notice    to    the   Custodian    of   School    Moneys    ot 

Apportionment  of  School  Moneys 

$250,000    School    Fund     $ 

State  Appropriation.  $...  SUPERINTENDENT  OF  SCHOOLS, 

90%  of  School  Tax,  $ _ 

Reserve  Fund,  $ County. 

Surplus  Revenue,  $ 

Railroad  Tax,  $ 

Mr 

.District  Clerk. 

N.J. 

Sir — I  have  this  day  issued  my  order  on  the  County  Collector, 
and  in  favor  of  your  Custodian  of  School  Moneys,  for  the  amount 

due  your  district  for  the  School  Year  beginnnig  July  1,  19 ,  as 

indicated  above. 


County  Superintendent. 


XV.      Appointment    of   a   President    or    Vice-President 

To :..: 

The   office   of  President    (or  Vice-President)    of  the   Board  of 

Education  of  the  School  District  of ,  in  the  county  of 

being  vacant  through  failure  of  the  Board  of  Education 

to  elect  according  to  law,  you  are  hereby  appointed  to  fill  such  va- 
cancy until  the  next  annual  meeting  for  the  organization  of  the 
Board  of  Education  in  said  district. 

Dated  this day  of ,  19 


County  Superintendent. 


XVI.      Notice  to  the  Custodian  of  School  Moneys,  Directing  Him   to  With- 
hold  School   Moneys   from   a   Teacher 

To  the   Custodian   of   School    Moneys   of  the   School   District   of 


Sir — You  are  hereby  directed  to  withhold  all  further  payment 
of  salary  to. ... . a  teacher  now  employed  in  School 


382  BLANKS  AND  FORMS 

No ,  situated  in  your  School  District,  said  teacher  not  being  in 

possession  of  a  certificate  [or  not  hazing  kept  the  School  Register], 
as  is  required  by  the  School  Law. 

Dated  this day  of ,  19. . . 

County  Superintendent. 
Approved  this day  of ,  19. .  . 

Commissioner  of  Education. 

Note. — Original    to    Custodian    of    School    Moneys.     Duplicate    remains    with 
Commissioner  and  County  Superintendent.     Copy  to  District  Clerk. 


XVII.      Notice  to  the  Custodian  of  School  Moneys,  Directing  Him  to  With- 
hold  School    Moneys   from   a   District 

To  the   Custodian  of   School   Moneys  of  the   School   District  of 


Sir — You  are  hereby  directed  to  withhold  [here  state  the  amount 
in  words]  from  the  school  moneys  apportioned  to  your  School  Dis- 
trict [here  state  the  reason  why  the  money  is  withheld]. 

Dated  this day  of ,  19. .  . 


County  Superintendent. 
Approved  this day  of ,  19. .  . 


Commissioner  of  Education. 

See  note  to  XVI. 


FOR  SCHOOL  OFFICERS.  383 


XVIII.       (Form    No.    B14.) — Notice    to    Custodian    of    Payment    of    School 
Money   and  Custodian's   Receipt    to   County   Superintendent 


$250,000  School  Fund,  $ ~  c- 

I.  .     A  .  ..  I  Superintendent  of  Schools. 

State  Appropriation,  $ 

90%  of  School  Tax,  $ 

Reserve    Fund,  $ 

Surplus   Revenue,  $ 

Railroad   Tax,  $ 


County. 


Mr. 


Custodian  of  School  Moneys. 

N.J. 

Sir — Please  find  enclosed  an  order  on  the  County  Collector  in 
your  favor  for  the  amount  due  your  District  for  the  School  Year 
beginning  July  1st,  T9...,  as  indicated  above. 


County  Superintendent. 

$250,000  School  Fund,  $ TO 

State  Appropriation,  $ 

00%  of  School  Tax,  $ 

Reserve    Fund,  $ 

Railroad   Tax.  $ 

Surplus   Revenue,  $ 

Mr 


County  Superintendent, 

N.J. 

Sir — I  beg  leave  to  acknowledge  the  receipt  of  an  order  on  the 
County  Collector  in  my  favor  for  the  amount  due  this  District  for 
the  School  Year  beginning  July  1st,  19. .  .,  as  indicated  above. 


Custodian  of  School  Moneys  for  the 
School  District  of , 


XIX.       (Form    A15.) — Notice   of   Annual    Meeting 

NOTICE! 

Notice  is  hereby  given  to  the  legal  voters  of  the.  School  District 

of  the of .in  the  County  of.  ....... .  .that  the 

annual  meeting  for  the  election  of members  of  the  Board 


384  BLANKS  AND  FORMS 

of  Education  will  be  held  at ,  on  Tuesday,  March , 

191 . .  .,  at o'clock The  polls  will  remain  open 

one  hour,  and  as  much  longer  as  may  be  necessary,  to  enable  all  the 
legal  voters  present  to  cast  their  ballots. 

At  said  meeting  will  be  submitted  the  question  of  voting  a  tax  for 
the  following  purposes : 

Purchase  of  land  for  school  purposes 

Building  and  repairing  school  houses 

Current  expenses    

Manual  training   

The  total  amount  thought  to  be  necessary  is  $ 

The  following  propositions  will  also  be  submitted : 


Dated  this day  of  March,  191 . 


District  Clerk. 

Note. — "A  member  of  the  Board  of  Education  shall  be  at  least  twenty-one 
years  of  age,  a  citizen  and  resident  of  the  school  district,  and  shall  have  been  such 
citizen  and  resident  for  at  least  three  years  immediately  preceding  his  or  her  be- 
coming a  member  of  such  Board,  and  shall  be  able  to  read  and  write." — School 
Law,  Sec.  88. 

Women  may  vote  for  everything  except  for  the  election  of  members  for  the 
Board  of  Education. 


XX.       (Form  No.   A22.) — Teacher's   Contract 

It  is  agreed  between  the  Board  of  Education  of ,  in 

the  county  of ,  and ,  that  said  Board  of 

Education  has  employed  and  does  hereby  engage  and  employ  the 

said to  teach  in  the public  school,  under 

the  control  of  said  Board  of  Education,  for  the  term  of 

year from  the day  of ,  19 ,  at  the 

salary  of  $ to  be  paid  in equal  monthly 

installments ;    


FOR  SCHOOL  OFFICERS.  385 

that  the  said shall  begin  teaching  on  the day 

of ,  19.  ...  ;  that  the  said holds  a  valid 

grade certificate  to  teach,  issued  in  New 

Jersey,  now  in  full  force  and  effect,  or  will  procure  such  certificate 
before  the  date  he  shall  begin  teaching,  and  that  the  date  when  said 

certificate  will  expire  is  the day  of ,  19 

and  that  said  teacher,  before  entering  upon  the  duties  of  such  posi- 
tion, will  exhibit certificate  to  the Super- 
intendent of  Schools  of  the in  which  such  school  is 

situate. 

It  is  hereby  agreed  that  either  of  said  parties  to  this  contract  may, 
at  any  time,  terminate  said  contract  and  the  employment  aforesaid, 
by  giving  to  the  other  party notice  in  writing  of  its 

(Here    insert    length    of    time.) 

election  to  so  terminate  the  same. 

The  said hereby  accepts  the  employment  aforesaid 

and  undertakes  that  he  will  faithfully  do  and  perform 

duty  under  the  employment  aforesaid,  and  will  observe  and  enforce 
the  rules  prescribed  for  the  government  of  the  school  by  the  Board 
of  Education  and  the  Superintendent,  or  Principal,  or  Supervising 
Principal. 

Dated  this day  of ,  19 

Board  of  Education  of  the 

President,  School  District  of 

County  of 


Teacher. 

Note. — A  written  contract  is  not  required  in  the  case  of  a  teacher  whose  tenure 
is  fixed  by  the  Tenure  of  Office  Act. 


3#  BLANKS  AND  FORMS 

XXI.       (Form  No.   A28.) — Application  for  State  Manual  Training 

Appropriation 

N.  J.,  19.... 

(Post  Office   Address.) 

To  the  Commissioner  of  Education  : 

Sir — We  hereby  certify  that  for  the  School  year  beginning  July 
1st,  19 there  has  been  raised  by in  the  School  Dis- 
trict of in  the  County  of the  sum  of 

Dollars  ($ )  for  the  purpose  of  maintaining 

a  course  of  Manual  Training,  as  approved  by  the  State  Board  of 
Education,  pursued  in  the  schools  of  this  district,  and  that  said 
amount  has  been  raised  by  District  Tax  or  appropriated  for  such 
purpose. 

This  application  is  made  in  accordance  with  the  provisions  of  Ar- 
ticle XXII.  of  the  revised  School  Law,  and  upon  our  certification 
that  said  course  of.  study  is  being  maintained  as  approved  by  the 
State  Board  of  Education,  and  we  therefore  request  you  to  draw  an 

order  in  favor  of ,  custodian  of  the  school  moneys  of 

said  School  District,  for  the  amount  due  from  the  State,  in  accord- 
ance with  the  further  provisions  of  said  article. 


President  of  the  Board  of  Education  of 

School  District  of County  of 

Attest : 


Secretary  or  District  Clerk  of  the  Board  of  Education. 
The  address  of  the  custodian  of  school  moneys  is 


Before  sending  this  application  be  sure  your  Manual  Training  Report  for  the 
last  school  year  has  been  sent  to  the  Commissioner  of  Education  as  required. 
(Manual  training  application  and  reports  are  to  be  sent  to  the  Chief  Clerk  of 
the  State  Department.) 


XXII.      Notice  for  a  Special   District   Meeting 

Notice  is  hereby  given  to  the  legal  voters  of  the  School  District 
of ,  in  the  County  of ,  that  a  special  School  meet- 
ing will  be  held  at on  the day  of ,  19.  . .  .,  at 

o'clock  in  the noon,  at  which  meeting  will  be  submitted 


FOR  SCHOOL  OFFICERS.  387 

the  following  questions  [here  particularly  specify  each  item  of  busi- 
ness to  be  acted  upon]. 

Dated  this day  of 19.  . .  . 

President. 

District  Clerk. 


XXIII.       Various   Specifications    of   Business    to    be   Transacted   that   may    be 
Inserted  in  any   Notice  for  District   Meeting,    as   they   may   be   Needed 

To  authorize  the  hoard  of  education  to  purchase  or  take  and  con- 
demn land  and  to  erect  a  school-house  thereon,  and  to  purchase 
school  furniture  and  other  necessary  equipment; 

To  authorize  the  board  of  education  to  repair,  alter  or  enlarge  a 
school-house  already  erected ; 

To  purchase  school  furniture  and  other  necessary  equipment ; 

To  raise  money  by  district  tax  to  pay  the  expense  of  such  erection, 
alteration  or  repair ; 

1  To  authorize  the  board  to  borrow  money  ordered  to  be  raised  by 
issuing  bonds  in  the  corporate  name  of  the  district  in  such  amounts 
and  payable  at  such  times  as  the  legal  voters  shall  direct ; 

To  raise  a  district  tax  to  defray  the  current  expenses  of  the  schools 
during  the  ensuing  year  [current  expenses  include  principals',  teach- 
ers', janitors'  and  medical  inspectors'  salaries,  fuel,  text-books, 
school  supplies,  flags,  transportation  of  pupils,  tuition  of  pupils  at- 
tending school  in  other  districts  with  the  consent  of  the  board  of 
education,  school  libraries,  compensation  of  the  district  clerk,  of  the 
custodian  of  school  moneys  and  of  truant  officers,  truant  schools, 
insurance  and  the  incidental  expenses  of  the  schools]  ; 

To  order  a  district  tax  for  the  payment  of  a  debt  of 

dollars,  now  resting  upon  the  school-house  property; 

To  order  the  sale  of  the  present  school-house  property,  and  to 
decide  what  disposition  shall  be  made  of  the  proceeds ; 

To  authorize  the  board  to  condemn  land  for  school  purposes ; 

To  authorize  the  board  to  renew  outstanding  bonds ; 

To  see  if  the  district  will  reduce  the  number  of  members  of  the 
board  of  education ; 

To  see  if  the  district  will  agree  to  establish  a  union-graded  school ; 

To  order  a  district  tax  for  manual  training. 


388  BLANKS  AND  FORMS 

XXIV.      Order  of  Business  at  a  District  School  Meeting 

1.  Choose  a  chairman  and  secretary. 

2.  Read  the  notice  calling  the  meeting. 

3.  Report  of  district  clerk. 

4.  Appointment  of  tellers  by  the  chairman. 

5.  Transaction  of  the  business  for  which  the  meeting  was  called, 
as  set  forth  in  the  notice. 

6.  Miscellaneous  business. 

7.  Adjournment. 


XXV.       Order   on    Custodian    of   School   Moneys   for   Teachers'   Salaries 

No ,  N.  J., ,19.... 

To Custodian  of  School  Moneys  of  the  School  District 

of ,  County  of ,  State  of  New  Jersey ; 

Pay  to  the  order  of ,  Teacher,    dollars. 

being  the  amount  of  salary  due  for  teaching  in  Public  School  No. 

of  said  School  District  of ,  from 

19 to ,  19. . . . 

$.  .  .  .  ,  President.  ')     Board  of  Education  of  the 

,  District  Clerk.     J        School  District  of 

I  hereby  certify  that  the  Teacher  in  whose  favor  this  order  is 
drawn,  is  in  possession  of  a  Teacher's  Certificate,  in  full  force  and 
effect  and  has  properly  kept  the  School  Register,  as  required  by  law, 
and  that  I  have  certified  thereto  in  said  Register. 


District  Clerk. 

Note. — Money  raised  by  district  tax  can  be  used  for  such  school  purposes  as 
are  specified  at  the  meeting  at  which  the  money  is  ordered.  All  other  school 
money  must  be  reserved  for  the  payment  of  teacher's  salary,  fuel,  bills,  trans- 
portation of  pupils  and  tuition  of  pupils  in  adjoining  districts. 

Payments  can  be  made  only  for  the  support  of  those  schools  that  conform  in 
all  respects  to  the  provisions  of  the  School  Law,  and  to  those  teachers  only  who 
possess  certificates  in  full  force  and  effect,  covering  the  time  for  which  salary  is 
demanded,  and  who  have  kept  the  school  register  in  the  manner  prescribed. 

The  Custodian  of  School  Moneys  should  invariably  refuse  to  pay  orders  until 
he  is  satisfied  that  all  these  conditions  have  been  complied  with. 


FOR  SCHOOL  OFFICERS. 


389 


XXVI.      Order  on  the  Custodian  of  School  Moneys  for  District  Tax  Raised 
for  Other  Purposes   than  the  Payment  of  Teachers'  Salaries 

No ,  N.  J., ,19 

To ,  Custodian  of  School  Moneys  of  the  School  District 

of ,  County  of ,  State  of  New  Jersey  : 

Pay  to  the  order  of dollars,  for  [here  state 

for  what  purpose  the  money  is  to  be  paid] ,  out  of  the  funds  raised 
by  District  Tax  now  in  your  hands. 

,  District  Clerk.  Board  of  Education  School  Dis- 

,  President.  trict County  of 


XXVU.       Notice     by     District     Clerk     to     County     Superintendent     of     the 
Election   of  Members    of   Board   of   Education 

To ,  County  Superintendent : 

Sir — The  legal  voters  of at  the  annual  school  meeting 

held  on  the day  of  March,  19. .  .,  elected , 

as  members  of  the  Board  of  Education  in  the  place  of 

, ,  whose  terms  had  expired. 

The  Board  of  Education  now  consists  of — 
Name.  Address. 

Mr whose  term  expires  19 . 

19. 


19. 
19. 
19. 
19. 
19. 
19. 
19. 


The  Board  has  organized  by  the  election  of  Mr 

President,  Mr ,  as  Vice-President,  and  Mr. 

as  District  Clerk. 


as 


District  Clerk. 

Note. — This   notice   should   be  sent  to   the   County   Superintendent    within   five 
day9  after  the  organization  of  the  Board. 


390  BLANKS  AND  FORMS 

XXVIII.      Report  of  District  Clerk  to  County  Superintendent  of  the  Amount 
of  District  School  Tax  Ordered  to  be  Raised 

To County  Superintendent County : 

The  following  is  a  copy  of  the  notice  delivered  to  the  Assessor 
as  required  by  law  : 

To Assessor  of County : 

A  meeting  of  the  legal  voters  of  the  School  District  of  the 

of in  the  County  of was  held  at 

a.  convenient  public  place  within  the  District,  on  the day 

of 19.  .  .  .,  pursuant  to  notice,  setting  forth   the  time, 

place  and  object  of  said  meeting,  and  specifying dollars 

as  the  amount  of  money  thought  necessary  to  be  raised.     The  Dis- 
trict Clerk,  as  directed  by  the  Board  of  Education  at  a  meeting  of 

said   Board  held  on  the day  of ,   19.  . .  . , 

posted ;  copies   of   the    notice   calling   said    meeting,    one 

copy  thereof  being  posted  on  each  school-house  in  the  district,  and 
one    copy   thereof   at   each    of   the    following-named    public   places 

therein  :    

<»n  the day  of 19 The  said  legal  voters 

so  met,  by  the  consent  of  a  majority  of  those  present,  ordered  raised 

by  special  district  tax dollars  for  the  purpose  of 

and dollars  for  the  purpose  of and 

dollars  for  the  purpose  of amounting  in  all  to 

dollars,  which  sum  is  not  in  excess  of  the  amounts  set  forth  in  the 
notices  for  said  purposes.  The  vote  was  taken  by  ballot  and  the 
ballots,  tally  sheet,  poll  list  and  statement  of  the  result  of  said  meet- 
ing having  been  filed  with  the  County  Superintendent  of  Schools  in 
the  manner  required  by  law,  you  are  therefore  directed  to  assess  the 
said  sum  of dollars  on  the  inhabitants  of  said  School  Dis- 
trict, and  their  estates,  and  the  taxable  property  therein,  pursuant 
to  the  statute  in  such  case  made  and  provided. 
Dated  this day  of ,  19 


District  Clerk. 
State  of  New  Jersey.  ] 
County  of \ss' 

being  duly  sworn,  on  his  oath  saith  that 

he  is  the  District  Clerk  of  the  School  District  of  the of 


FOR  SCHOOL  OFFICERS.  391 

in  the  County  of ,  and  that  the  above 

statement  by  him  is  correct  and  true. 

Sworn  and  subscribed  before  me  this day  of 

,  '9 


XXIX.      Certificate  of  the  Amount  of  School  Tax  Voted  to   be  Raised  in   a 
School    District,    to    be    Delivered    by    the    District    Clerk    to    the 

Township    Assessor 

To Assessor  of County : 

A  meeting  of  the  legal  voters  of  the  School  District  of  the 

...  .of in  the  County  of ,  was  held  at 

a  convenient  public  place  within  the  District,  on  the day 

(ii ,    19 pursuant  to  notice,   setting  forth  the  time, 

place  and  object  of  said  meeting,  and  specifying dollars 

as  the  amount  of  money  thought  necessary  to  be  raised.  The 
District  Clerk,  as  directed  by  the  Board  of  Education  at  a  meet- 
ing of  said  Board  held  on  the day  of ,  19.  .  .  ., 

posted copies   of  the  notice  calling  said  meeting,  one 

copy  thereof  being  posted  on  each  school-house  in  the  district,  and 
one   copy    thereof   at    each    of   the    following-named   public   places 

therein :    

on  the    day  of ,    19 The  said  legal 

voters  so  met,  by  the  consent  of  a  majority  of  those  present,  ordered 

raised  by  special  district  tax dollars  for  the  purpose  of 

and dollars  for  the  purpose  of and 

dollars  for  the  purpose  of amounting  in  all 

to dollars,  which  sum  is  not  in  excess  of  the  amounts  set 

forth  in  the  notices  for  said  purposes.  The  vote  was  taken  by 
ballot  and  the  ballots,  tally  sheet,  poll  list  and  statement  of  the  re- 
sult of  said  meeting  having  been  filed  with  the  County  Superintend- 
ent of  Schools  in  the  manner  required  by  law,  you  are  therefore 
directed  to  assess  the  said  sum  of dollars  on  the  inhabi- 
tants of  said  School  District,  and  their  estates,  and  the  taxable  prop- 
erty therein,  pursuant  to  the  statute  in  such  case  made  and  provided. 
Dated  this day  of ,  19 


District  Clerk. 


392  BLANKS  AND  FORMS 

State  of  New  Jersey,     ) 
County  of j 

,  being  duly  sworn,  on  his  oath  saith  that 

he  is  the  District  Clerk  of  the  School  District  of  the of 

in  the  County  of and  that  the  above 

statement  by  him  is  correct  and  true. 

Sworn  and  subscribed  before  me  this day  of 

19 


Notes  to  XXII  and  XXIII. — The  certificate  must  state  for  what  object  or 
objects  the  money  is  raised.  3  Vroom  444.  If  more  than  one  object  is  specified, 
the  amount  of  money  apportioned  to  each  must  be  stated.     7  Vroom  89. 

A  district  tax  ordered  for  the  purpose  of  "maintaining  a  school"  is  illegal. 
The  express  purpose,  as  specified  in  section  95,  for  which  the  money  is  to  be  used 
must  be  stated  and  voted  upon. 

The  law  requires  that  notice  of  the  above  action  should  also  be  sent  to  the 
County  Superintendent. 


XXX.      Affidavit   to  Bills  Presented  to   a  Board   of  Education 

State  of  New  Jersey, 
County,  J 


,  of  full  age,  being  duly  sworn,  on  his  oath  saith 

that  the  goods  or  services  itemized  in  the  annexed  bill  have  been 
delivered  or  rendered ;  that  no  bonus  has  been  given  nor  received  by 
any  person  or  persons  in  connection  with  the  same;  that  the  same 
is  correct  and  true,  and  the  amount  therein  stated  is  justly  due  and 
owing  as  set  forth. 

Sworn  and  subscribed  before  me,    f 

this day  of ,  19.  .  .  . 

D.  C. 


FOR  SCHOOL  OFFICERS.  393 

Calendar  for  School  Elections  and  Duties. 


1.  State  Board  of  Education. — Meets  on  the  first  Saturday  of 
each  month. 

2.  State  Examinations. — Held  on  the  last  three  Saturdays  in 
April  and  the  first  three  Saturdays  in  November. 

3.  Boards  of  Education. — Elected  on  the  third  Tuesday  in  March, 
annually,  must  organize  on  the  first  Monday  in  April  and  should 
meet  at  least  once  in  two  months  during  the  period  that  the  school 
shall  be  in  session. 

4.  District  Clerks.— Elected  to  take  office  July  first. 

5.  District  Meetings  for  Voting  District  Tax. — Held  on  the  third 
Tuesday  in  March,  annually,  or  at  the  call  of  the  Board  of  Educa- 
tion. 

6.  Report  of  the  State  Board  of  Education  to  the  Governor. — ■ 
On  the  first  Tuesday  in  December,  annually. 

7.  Report  of  the  Commissioner  of  Education  to  the  State  Board 
of  Education.— On  the  first  Saturday  in  December,  annually. 

8.  Report  of  County  Superintendent  to  the  Commissioner  of 
Education. — On  or  before  the  first  of  September,  annually. 

9.  Report  of  the  District  Clerks  to  County  Superintendent.— 
On  or  before  the  first  of  August,  annually. 

10.  Report  of  Teachers  to  Board  of  Education. — At  the  close  of 
each  quarter's  teaching,  or  as  directed  by  the  rules  of  the  Board. 

11.  Financial  Statement  of  Tozvnship  Collector  to  Township 
Committee  and  County  Superintendent. — On  or  before  the  first  of 
August,  annually. 

12.  Financial  Statement  of  District  Clerks  to  Township  Com- 
mittee.— On  or  before  the  first  of  August,  annually. 

13.  Financial  Statement  of  District  Clerks  to  the  County  Super- 
intendent.— On  or  before  the  first  of  August,  annually. 

14.  Assessor  Makes  Returns  to  Collector. — Within  fifteen  days 
after  the  first  Monday  in  September,  annually. 

15.  State  School  Tax. — To  be  paid  to  the  State  Treasurer  on  or 
before  the  twentieth  day  of  January.  To  be  paid  to  the  County 
Collector  on  or  before  the  twentv-second  dav  of  December. 


3c>4  BLANKS  AND  FORMS 

10.  School  Tax. — Collected  and  due  the  Board  of  Education  by 
the  twenty-second  day  of  December,  annually. 

17.  Apportionment  of  the  State  Appropriation  to  Coun-ties. — 
Made  on  or  before  the  fifteenth  day  of  February,  annually. 

18.  Report  of  Teachers  Employed. — Made  by  the  Board  of  Edu- 
cation to  the  County  Superintendent  on  or  before  March  fifteenth, 
annually. 

K).  Apportionment  of  the  State  Appropriation  and  Township 
School  Taxes  to  the  District.- — Made  by  the  County  Superintendent 
on  or  before  the  first  day  of  April,  annually. 

20.  State  Appropriation. — Two  hundred  thousand  dollars  paid 
in  November,  and  the  State  school  tax  in  the  month  of  January 
following,  the  railroad  tax  collected  paid  September  first,  and  bal- 
ance October  twenty-fifth. 

21.  Agricultural  College. — Candidates  examined  by  the  County 
and  City  Superintendents  on  the  first  Saturday  in  June. 

22.  School  Holidays. — First  day  of  January,  Lincoln's  birthday, 
Washington's  birthday.  Good  Friday,  Memorial  day,  Fourth  of  July, 
Labor  day,  Columbus  day,  Thanksgiving  day,  Christmas  day,  any 
day  upon  which  a  general  election  shall  be  held,  and  also  any  day  set 
apart  by  proclamation  of  the  Governor  of  this  State  or  the  President 
of  the  United  States  for  the  purposes  of  public  observance. 

23.  Patriotic  Exercises. — Held  on  the  last  school  day  preceding 
Lincoln's  birthday,  Washington's  birthday,  Decoration  or  Memorial 
day  and  Thanksgiving  day. 

24.  School  Year. — Commences  on  the  first  day  of  July  and  ends 
on  the  thirtieth  day  of  June. 

25.  Library  Year. — The  school  library  year,  the  teachers'  library 
year  and  the  year  for  appropriations  for  manual  training  coincide 
\vith  the  State  fiscal  year,  and  begin  on  the  first  day  of  November 
and  end  on  the  thirty-first  day  of  October. 


FOR  SCHOOL  OFFICERS.  395 


XXXI.       (Form    A32.) — Directions    for   Bonding    a   District 

1.  There  must  be  a  meeting  of  the  Board  of  Education,  notice 
of  which  must  have  been  given  to  each  member.  The  notice  may 
be  given  verbally  or  by  mailing  a  written  notice.  If  the  latter,  the 
notice  must  be  mailed  in  ample  time  to  be  received  before  the  time 
fixed  for  the  meeting.  At  thai  meeting  the  Board  of  Education 
must  decide  on  the  amount  of  money  thought  to  be  necessary.  If 
land  is  to  1>e  secured,  the  Board  of  Education  must  decide  upon  the 
site  or  sites  it  thinks  suitable.  It  must  also  decide  upon  the  time 
for  holding  the  District  Meeting,  and  the  form  of  the  resolutions  to 
be  inserted  in  the  notices  to  be  posted  by  the  District  Clerk,  and  the 
places,  other  than  the  schoolhouses,  where  such  notices  shall  be 
posted.  Full  minutes  of  the  meeting  must  be  kept.  The  Board 
should  adjourn  to  meet  as  soon  as  possible  after  the  District  Meet- 
ing, and  at  such  adjourned  meeting  should  adopt  resolutions  neces- 
sary to  carry  into  effect  the  resolutions  adopted  by  the  legal  voters. 
The  Board  must  determine  the  rate  of  interest,  but  not  to  exceed 
six  per  cent.,  and  the  bank  at  which  the  principal  and  interest  are  to 
be  paid.  A  resolution  that  the  rate  of  interest  shall  not  exceed  a 
certain  per  cent,  is  not  sufficient. 

2.  If  it  is  the  intention  to  submit  to  the  legal  voters  more  than 
one  proposition,  the  Board  of  Education  should  adopt  a  full  set  of 
resolutions  for  each  proposition,  which  should  appear  in  the  notices 
and  on  the  ballots.  If  this  is  done,  and  the  legal  voters  reject  one 
proposition  and  adopt  the  other,  the  number  and  denomination  of 
bonds  to  be  issued  will  agree  with  the  expenditures  authorized  by  the 
legal  voters.  All  propositions  submitted  must  be  printed  on  the 
same  ballot. 

3.  The  District  Clerk  must  post  the  notices  ordered  by  the  Board 
of  Education  at  least  ten  days  before  the  date  of  the  meeting  of  the 
legal  voters ;  the  day  the  notices  are  posted  cannot  be  counted  in  the 
ten  days.  The  notices  must  state  the  time  and  place  of  the  District 
Meeting,  and  all  business  that  is  to  be  acted  upon.  If  land  is  to  be 
purchased  or  condemned,  the  plot  or  plots  thought  to  be  suitable  by 
the  Board  of  Education  must  be  described  in  the  notices.  A  resolu- 
tion authorizing  the  Board  of  Education  to  purchase  a  lot  will  not 


396  BLANKS  AND  FORMS 

authorize  it  to  secure  the  lot  by  condemnation.  The  Board  of  Edu- 
cation may  submit  more  than  one  site,  in  which  case  each  plot  must 
be  described  in  the  notices.  The  notices  must  also  state  the  amount 
of  money  thought  to  be  necessary.  The  notices  must  not  state  the 
denomination  of  the  bonds  and  times  of  payment,  as  these  items  are 
by  law  to  be  determined  by  the  District  Meeting.  The  notices  must 
also  state  that  the  question  of  authorizing  the  Board  of  Education 
to  issue  bonds  will  be  submitted.  A  copy  of  the  notice  must  be 
posted  on  each  schoolhouse  in  the  district,  and  at  such  other  places 
as  may  be  designated  by  the  Board  of  Education.  Not  less  than 
seven  notices  must  be  posted. 

4.  The  District  Meeting  must  decide  the  amount  of  money  to  be 
raised,  and  also  decide  what  portion  of  the  money  so  ordered  shall 
be  used  for  the  purchase  or  condemnation  of  land,  and  what  portion 
for  building,  furniture  and  other  necessary  equipment.  The  cost  of 
fencing,  grading  and  supplying  drinking  water  is  to  be  included  in 
the  appropriation  for  the  erection  of  the  schoolhouse ;  it  should  not 
be  made  a  separate  item.  The  total  amount  ordered  raised  must  not 
exceed  the  sum  named  in  the  notices.  The  District  Meeting  must 
also  decide  how  many  bonds  shall  be  issued,  the  denomination  of 
each  bond,  and  the  time  of  its  payment,  but  should  not  fix  the  rate 
of  interest,  as  the  law  gives  that  power  to  the  Board  of  Education. 
It  cannot  select  a  site  unless  it  has  been  submitted  by  the  Board  of 
Education  in  the  notices.  The  meeting  may,  however,  reject  all  the 
sites  offered.  All  votes  in  the  District  Meeting  must  be  by  ballot. 
The  secretary  cannot  be  authorized  to  cast  the  ballot.  The  ballots 
must  contain  in  full  the  several  propositions  voted  on.  Full  minutes 
of  the  meeting  must  be  kept. 

5.  The  chairman  must  appoint  two  tellers  to  receive  and  count 
the  ballots.  The  secretary  must  keep  a  poll-list  of  the  voters  and  a 
tally-sheet  of  the  ballots  as  counted.  The  tally-sheet  must  be  signed 
by  the  chairman  and  tellers  and,  with  the  ballots,  be  placed  in  a 
sealed  package,  endorsed  with  the  name  of  the  district,  the  name  of 
the  county  in  which  the  district  is  situate,  and  the  date  on  which  the 
meeting  was  held.  The  package  must  be  sealed  as  soon  as  the  bal- 
lots are  counted  and  the  tally-sheet  signed  and  before  leaving  the 
place  where  the  election  was  held,  and  forwarded  to  the  County  Su- 
perintendent of  Schools  within  five  days  after  the  date  of  the  meet- 
ing, together  with  a  statement  of  the  result  of  the  meeting,  signed 


FOR  SCHOOL  OFFICERS.  397 

by  the  chairman  and  secretary.  Envelopes  for  this  purpose  can  be 
obtained  from  the  County  Superintendent.  The  statement  of  the 
result  of  the  meeting  must  not  be  enclosed  in  the  envelope  containing 
the  ballots,  poll-list  and  tally-sheet. 

6.  Two  copies  of  the  minutes  of  both  meetings  of  the  Board  of 
Education,  attested  by  the  District  Clerk ;  two  copies  of  the  notices 
posted,  attested  by  said  clerk ;  two  copies  of  the  minutes  of  the  Dis- 
trict Meeting,  attested  by  the  secretary  of  the  meeting,  and  two 
copies  of  each  kind  of  ballot  used,  attested  by  the  secretary  of  the 
meeting,  must  be  sent  to  this  office- — one  copy  to  be  approved  by  the 
Attorney-General  and  tbe  other  to  be  filed  in  this  office.  When  it 
is  intended  to  borrow  the  money  from  the  State  School  Fund,  an 
application  must  accompany  the  copies  of  the  proceedings.  In  mak- 
ing reports,  only  such  business  as  relates  to  the  purchase  of  land, 
building,  furnishing  and  equipping  the  schoolhouse  and  bonding  the 
district  need  be  inserted  in  the  copies  of  the  minutes  of  the  meetings 
of  the  Board  of  Education  and  legal  voters.  The  minutes  of  the 
District  Meeting  must  show  the  number  of  votes  cast  for  and  against 
each  proposition,  whether  said  proposition  be  adopted  or  rejected. 
In  the  blank"  for  the  report  of  the  proceedings  of  the  District  Meet- 
ing, a  resolution  is  inserted  for  the  purchase  of  land  ;  in  making  the 
report,  when  land  is  not  ordered  to  be  purchased  the  resolution  for 
the  purchase  of  land  should  be  crossed  out  with  red  ink ;  also  in  the 
application  for  the  loan  from  the  State  School  Fund. 

7.  The  approval  of  the  Attorney-General  must  be  secured  before 
the  bonds  can  be  legally  issued,  whether  the  money  is  to  be  bor- 
rowed from  the  State  School  Fund  or  from  private  parties.  Bonds 
cannot  be  sold  at  private  sale  except  to  the  Trustees  of  the  School 
Fund,  unless  they  have  been  offered  to  said  Trustees  and  their  pur- 
chase refused. 

8.  The  total  amount  of  bonds,  including  bonds  outstanding,  can- 
not exceed  three  per  cent,  of  the  taxable  property  in  the  district. 
Bonds  must  be  made  payable  in  not  more  than  thirty  years  from 
date  of  issue. 

9.  When  district  bonds  have  been  issued,  the  District  Clerk  must, 
when  any  bond  is  paid  and  canceled,  forward  said  canceled  bond 
to  the  Commissioner  of  Education,  as  required  by  law. 


398  BLANKS  AND  FORMS 

Form  of  Ballot. 


District    School    Meeting 

iXam<>  of    District.) 

19- ••• 

i.  Resolved,  That  the  Board  of  Education  be  authorized  to  pur- 
chase as  a  lot  on  which  to  build  a  school-house,  the  plot  of  land 
situate  as   follows :    

The  cost  of  land  shall  not  exceed  the  sum  of dollars. 

2.  Resolved,  That  the  Board  of  Education  be  authorized  to  erect 
a  school-house  on  said  plot  of  land,  and  to  purchase  for  said  school- 
house  the  school  furniture  and  other  necessary  equipment.  The 
cost  of  said  school-house,  furniture  and  equipment  shall  not  exceed 
the  sum  of dollars. 

3.  Resolved,  That  for  the  purpose  of  securing  the  money  needed 
to  purchase  said  land,  to  erect  said  school-house,  and  purchase  said 
furniture  and  equipment,  the  Board  of  Education  be  authorized  to 

issue bonds  of  the  district  in  the  corporate  name  of  the 

district,  in  the  denomination  of dollars  each. 

4.  Resolved,  That  one  bond  shall  be  issued  for year, 

one  for years,  one  for years. 


Notice  to  Voters. 


To  vote  for  the  resolutions  leave  them  as  they  are  printed. 

To  vote  against  any  resolution  cancel  the  same  with  ink  or  pencil. 

(  The  following  is  not  to  be  printed  on  the  ballot.) 

Note. — If  a  choice  in  the  plot  of  land  on  which  to  erect  the  school-house  is 
offered,  make  a  separate  resolution  for  each  plot  with  the  word  or  between  the 
resolutions  and  add  to  the  "notice  to  voters"  the  following :  Do  not  vote  for 
both  resolutions  for  purchase  of  land. 

If  authority  to  take  and  condemn  land  is  requested,  the  notice  and  ballot  must 
contain  the  words  "or  take  and  condemn"  after  the  word  "purchase"  in  each 
resolution. 

All  propositions  submitted  must  be  on  the  same  ballot.  A  separate  ballot  for 
each    proposition   will    invalidate   the   proceedings. 


FOR  SCHOOL  (  >FFICERS.  399 

APPLICATION    FOR   LOAN    FROM    STATE   SCHOOL   FUND. 

To  the  Trustees  for  the  Support  of  Public  Schools: 

The  Board  of  Education  of  the of ,  in  the 

County  of in  the  State  of  New  Jersey,  ask  to  borrow  of 

the  Trustees  for  the  Support  of  Public  Schools  the  sum  of 

dollars,  for  the  purpose  of  purchasing  land,  erecting  a  school-house, 
and  purchasing  school  furniture  and  other  necessary  equipment,  and 
offer  as  security  for  the  said  loan  bonds  of  the  school  district  to  the 
amount  at  par  of  said  loan. 
Official  title  of  bond 

Amount  of  issue   

Date  of  bonds. Maturity, 

Average  time  (be  exact) years. 

Rate Payable annually and 

Denominations,  $ 

Where  are  principal  and  interest  payable? 

Registration  as  to  principal — by  whom  and  where? 

Price  (be  exact) Yielding  (be  exact) % 

Statistics. 

Real  valuation,  estimated $ 

Assessed  valuation,   191 .  .  . ,   $ 

Total  bonded  debt,  including  this  issue, $ 

Water  debt $ 

School  debt $ 

Sinking  fund $ 

Net  debt, $ 

Floating  debt  in  addition,   $ 

Population,   1910  census 191 

Estimated,  

Percentage  of  debt  to  valuation  (be  exact) % 

Delivery  of  bonds,    

Remarks. 

We  submit  herewith  a  copy  of  the  proceedings  had  at  said  meet- 
ing of  said  inhabitants,  a  copy  of  the  minutes  of  the  meeting  of  the 
Board  of  Education  of  said  district  at  which  the  posting  of  the  no- 


4oo  BLANKS  AND  FORMS 

tices  calling  said  meeting  of  the  inhabitants  was  ordered,  a  copy  of 
the  notices  calling  said  meeting  duly  verified  by  affidavit,  and  the  ap- 
proval of  the  Attorney-General  as  to  the  legality  of  said  proceeding. 

Dated ,  N.  J., ,  19 

D.  C.  Board  of  Education  of 

Pres.  Countv  of 


MINUTES   OF   THE   MEETING  OF  THE   BOARD  OF   EDUCATION. 

Pursuant  to  notice  given  to  each  member,  the  Board  of  Education 

of  the of ,  in  the  County  of 

met  at on  the day  of ,  19. .  .  ., 

at o'clock in  the There 

were  present  Messrs 

On  motion  of  Mr ,  the  following  preamble  and 

resolutions  were  adopted : 

Whereas,  In  the  judgment  of  this  Board,  the  school  accommoda- 
tions now  provided  in  this  district  are  inadequate  and  unsuited  to 
the  number  of  pupils  attending  or  desiring  to  attend  school ;  and 
Whereas,  It  is  the  opinion  of  this  Board  that  in  order  to  provide 
adequate  and  suitable  school  accommodations,  a  plot  of  land 
should  be  secured,  a  new  school-house  erected,  and  school  furni- 
ture and  other  necessary  equipment  purchased,  and  that  the 
amount  necessary  for  the  foregoing  is  thought  to  be  the  sum  of 

dollars ;  therefore 

Resolved,  That  a  meeting  of  the  legal  voters  of  the  school  district 

be  held  at on  the day  of ,  19 

at o'clock  in  the   ,  and  that  the  District 

Clerk  be  and  is  hereby  directed  to  post  a  copy  of  the  notice  calling 
said  meeting  on  each  school-house  in  the  district,  and  a  copy  at  each 
of  the  following-named  public  places  in  the  district,  to  wit : 

Resolved,  That  there  shall  be  stated  in  said  notices  the  following 
items  of  business  to  be  acted  upon  at  said  meeting : 

To  authorize  the  Board  of  Education  to  purchase,  as  a  lot  on 
which  to  erect  a  school-house,  the  plot  of  land  situate  as  follows: 


FOR  SCHOOL  OFFICERS.  401 

The  cost  of  said  plot  shall  not  exceed  the  sum  of 

dollars. 

To  authorize  the  Hoard  of  Education  to  erect  a  school-house  on 
said  plot  of  land,  and  to  purchase  for  said  school-house  the  school 
furniture  and  other  necessary  equipment.  The  cost  of  said  school- 
house,  furniture  and  equipment  shall  not  exceed  the  sum  of 

dollars. 

The  amount  of  money  thought  to  he  necessary  for  the  foregoing 
is dollars. 

To  authorize  the  Board  of  Education  to  borrow  the  money  or- 
dered to  be  raised  by  issuing  bonds  in  the  corporate  name  of  the 
district,  in  such  amounts  and  payable  at  such  times  as  the  legal 
voters  shall  direct. 

On  motion  of  Mr the  Board  adjourned  to  meet 

at  on  the day  of , 

[Q .  .    . ,  at o'clock 


District  Clerk. 
State  of  New  Jersey, 


,  ss. 
County  of.  . . . 

being  duly  sworn,  on  his  oath  saith  that  he  is  the 

District  Clerk  of  the  Board  of  Education  of  the of 

in  the  County  of ;  that  said  Board 

consists  of members,  and  that  it  is  incorporated  under 

section  84  of  an  act  entitled  "An  act  to  establish  a  thorough  and  effi- 
cient system  of  free  'public  schools,  and  to  provide  for  the  mainte- 
nance, support  and  management  thereof,"  approved  October  19, 
1903.  and  that  the  foregoing  is  a  true  copy  of  the  proceedings  and 
resolutions  had  and  adopted  by  said  Board  of  Education  at  a  meet- 
ing held  on  the day  of ,  19.  . .  . ,  so  far 

as  said  proceedings  and  resolutions  relate  to  the  calling  of  the  meet- 
ing of  the  legal  voters  of  said  district,  to  be  held  on  the 

day  of 19 and  that  notice  of  the  time  and  place 

of  said  meeting  was  given  to  each  member  of  said  Board  on  the 
day  of ,  19.  .  .  . ,  in  the  following  manner : 

(Here   insert   how    notice   was   given.      If   written    append   copy.) 


4o2  BLANKS  AND  FORMS 

Sworn  and  subscribed  before 

me.  this   

day  of  ,  19.  .  .  . 


NOTICE. 


Notice  is  hereby  given  to  the  legal  voters  of  the  School  District 

of  the of ,  in  the  County  of 

that  a meeting  of  the  legal  voters  of  said  School  Dis- 
trict will  be  held  at on  the day  of , 

19.  . .  .,  at o'clock  in  the ,  at  which  meet- 
ing the  following  items  of  business  to  be  acted  on  will  be  submitted : 

To  authorize  the  Board  of  Education  to  purchase,  as  a  lot  on 
which  to  erect  a  school-house,  the  plot  of  land  situate  as  follows: 


The  cost  of  said  plot  shall  not  exceed  the  sum  of 

dollars. 

To  authorize  the  Board  of  Education  to  erect  a  school-house  on 
said  plot  of  land,  and  to  purchase  for  said  school-house  the  school 
furniture  and  other  necessary  equipment.  The  cost  of  said  school- 
house,  furniture  and  equipment  shall  not  exceed  the  sum  of 

dollars. 

The  amount  of  money  thought  to  be  necessary  for  the  foregoing 
is dollars. 

To  authorize  the  Board  of  Education  to  borrow  the  money  or- 
dered to  be  raised  by  issuing  bonds  in  the  corporate  name  of  the 
district  in  such  amounts  and  payable  at  such  times  as  the  legal  voters 
-hall  direct. 


District  Clerk. 
Dated   ,  19 


FOR  SCHOOL  OFFICERS.  403 

State  of  New  Jersey,     i 
County  of } 

being  duly  sworn,  on  his  oath  saith  that  he  is  the 

District  Clerk  of  the  Board  of  Education  of  the of 

in  the  County  of ,  that  there  are 

school-houses  in  said  district,  and  that  he  posted copies 

of  a  notice,  of  which  the  foregoing  is  a  true  copy,  on  the 

day  of ,  19.  . .  .,  one  copy  being  posted  on  each  of  said 

school-houses,  and  one  copy  at  each  of  the  following-named  public 
places  in  the  district,  as  directed  by  the  Board  of  Education,  to  wit: 


and  that  the  notices  were  posted  in  all  respects  according  to  law. 

Sworn  and  subscribed  before 

me,  the   \- 

day  of  ,  19. . .  . 


DISTRICT    MEETING. 

The  legal  voters  of  the  School  District  of  the of 

,  in  the  County  of ,  met  at 

on  the day  of ,  19. . . .,  at 

o'clock  in  the pursuant  to  legal  notice,  a  copy  of  which 

notice  is  hereto  appended. 

Mr was  elected  chairman  and  Mr 

secretary  of  the  meeting. 

The  secretary  read  the  notice  calling  the  meeting. 

The  chairman  appointed  as  tellers  Messrs 

The  following  resolutions  were  adopted: 

Resolved,  That  the  Board  of  Education  be  authorized  to  purchase, 
as  a  lot  on  which  to  erect  a  school-house,  the  plot  of  land  situate  as 
follows :    


The  cost  of  said  land  shall  not  exceed  the  sum  of. 
dollars. 

The  vote  on  this  resolution  was  by  ballot.  For  . 
Against 


404  BLANKS  AND  FORMS 

Resolved,  That  the  Board  of  Education  be  authorized  to  erect  a 
school-house  on  said  plot  of  land,  and  to  purchase  for  said  school- 
house  the  school  furniture  and  other  necessary  equipment.  The 
cost  of  said  school-house,  furniture  and  equipment  shall  not  exceed 
the  sum  of dollars. 

The  vote  on  this  resolution  was  by  ballot.     For  .  .  . 

Against 

Resolved,  That  for  the  purpose  of  securing  the  money  needed  to 
purchase  said  land,  to  erect  said  school-house  and  purchase  said  fur- 
niture and  equipment  the  Board  of  Education  be  authorized  to  issue 

bonds  of  the  district,  in  the  corporate  name  of  the 

district,  in  the  denomination  of dollars  each. 

The  vote  on  this  resolution  was  by  ballot.     For 

Against 

Resolved,  That  one  bond  shall  be  issued  for   year, 

one  for   years,  one  for   years,  one  for 

years,    


The  vote  on  this  resolution  was  by  ballot.     For 
Against   


The  total  number  of  names  on  the  poll  list  was 

The  total  number  of  ballots  cast  was 

The  total  number  of  ballots  rejected  was 


State  of  New  Jersey,     ) 

c  ounty  of \ 

being  duly  sworn,  on  his  oath  saith  that  he  was 

the  secretary  of  the  meeting  of  the  legal  votes  of  the 

of in  the  County  of held  on  the 

day  of ,  19.  ..  and  that  the  foregoing  is  a  true  copy  of 

the  proceedings  and  resolutions  had  and  adopted  at  said  meeting; 
that  all  votes  taken  at  said  meeting  were  by  ballot,  and  that  he  has 
forwarded  to  the  County  Superintendent  of  Schools  a  statement  of 
the  result  of  said  meeting,  together  with  a  sealed  package  contain- 
ing the  ballots,  poll-list  and  tally  sheet  used  at  said  meeting,  as  re- 
quired by  section  96  of  the  Revised  School  Law. 


FOR  SCHOOL  OFFICERS. 


405 


Sworn  and   subscribed   before 

me,  this    

day  of  ,   19.  .  .  . 


BALLOT. 


Here  insert  a  copy  of  each  style  of  ballot  used  at  the  meeting  of 
the  legal  voters. 


ss. 


State  of  New  Jersey, 

County  of 

being  duly  sworn,  on  his  oath  saith  that  he  was 

the  secretary  of  the  meeting  of  the  legal  voters  of  the 

of ,  in  the  County  of ,  held  on  the 

day  of ,  19.  ... ,  and  that  the  foregoing 

true  cop of  the  ballot used  at  said  meeting. 

Sworn   and   subscribed   before 

me,  this   I  

day  of  19.  .  .  .  Secretary. 


MINUTES  OF  THE  MEETING  OF  THE  BOARD  OF  EDUCATION. 

An  adjourned  meeting  of  the  Board  of  Education  of  the 

...  of in  the  County  of was  held  at 

on  the   day  of 19 .... , 


BLANKS  AND  FORMS 

o'clock  in  the pursuant  to  a  resolu- 
tion adopted  by  said  Board  at  a  meeting  held  on  the 

day  of 19 

There  were  present  Messrs 


On  motion  of  Mr the  following  preamble  and 

resolutions  were  adopted: 

HKKF.AS,  At  a  meeting  held  on  the day  of 

19.  . .  .,  the  legal  voters  adopted  resolutions  authorizing  this  Board 
purchase  a  certain  plot  of  land  for  school  purposes;  to  erect 
on  said  plot  a  school-house ;  to  purchase  for  said  school-house  the 
school  furniture  and  other  necessary  equipment,  and  to  borrow 
the  money  needed  for  the  same  by  issuing  school  district  bonds ; 
therefore  be  it 

Resolved,  That  this  Board  purchase  from the  plot 

of  lar  d  -  


at  a  cost  not  to  exceed  the  sum  of dollars. 

Resolved,  That  this  Board  erect  on  said  plot  a  school-house,  said 

house  to  be  built  of and  to  contain 

rooms,  and  to  purchase  for  said  school-house  the  school  furniture 
and  other  necessary  equipment      The  cost  of  said  school-house, 

furniture  and  equipment  not  to  exceed  the  sum  of 

dollars. 

Resolved,  That  for  the  ptu  of  securing  the  money  needed  to 
purchase  -  A,  to  erect  said  school-house  and  purchase  said  fur- 
niture and  equipment,  this  Board  issue bonds  of  the 

:rict,  in  the  corporate  name  of  the  district,  in  the  denomination 

dollars  each ;  that  one  bond  shall  be  issued  for 

vear.  one  for vears, 


that  the  rate  of  interest  shall  be per  cent,  per  annum. 

payable  semi-annually  on  the  days  of 

and   and  that  the  principal  of  and  interest  on  said 


FOR  SCHOOL  OFFICERS.  407 

bonds  shall  be  payable  at  the Bank  at   

as  they  severally  become  due  and  payable. 

Resolved,  That  this  Board  adjourn  to  meet  at  on 

the    day  of   ,  at    o'clock. 

to  take  such  further  action  as  may  be  necessary  to  carry  into  effect 
the  foregoing  resolutions. 
State  of  New  Jersey, 


r  SS. 

County  of.  .  .  . 

being  duly  sworn,  on  his  oath  saith  that  he  is  the 

District  Clerk  of  the  Board  of  Education  of  the   of 

,  in  the  County  of and  that  the  forego- 
ing is   a   true   copy  of  the   proceedings   and   resolutions  had   and 
adopted,  by  said  Board  of    Education    at    a    meeting   held    on    the 
day  of .  19 

Sworn   and   subscribed  befc 

me.    this    •  

day  of  ,  19.  . .  . 


Note. — In  order  that  these  papers  shall  be  a  correct  record  of  the  proceedings. 
ross  ;:h  red  ink  any  item  not  actec  on. 


XXX11.       (Form  A36  ) — Affidavit  of  Member   of   Board   of  Education 

State  of  Xew    Jersey,      ) 

County  of 

being  duly  sworn,  on oath  saith. 

that is  a  citizen  and  resident  of  the  territory  contained 

the  School  District  of that has  been  a 

.ren  and   resident  thereof   for  at  least  three  years  irr.  f 
preceding election  as  a  member  of  the  Board  of  Educa- 
tion of  said  District:,  that is  able  to  read  and  write.,  and 

that will  faithfully  discharge  the  duties  of  a  member  of 

the  Board  of  Education  of  said  District. 

orn  and  subscribed  bef   r« 
this dav  of 


191 


4o8  BLANKS  AND  FORMS 

XXXIII.       (Form  No.   A41.) — Transfer   Card 

No  pupil  will  be  admitted  to  a  class  from  another  class,  after  the 
opening  of  School,  without  this  card. 

This  Certifies,  that was  a  member  of  Grade 

in School.     Last  attended   in  this  room,   A.   M.     P.   M. 

19 

*Total  days  of  actual  attendance  to  date 

Teacher. 

For  use  in  this  School  District  only. 

*The  Teacher  receiving  this  pupil  will  enter  the  "Total  to  date  of  days' 
attendance"  in  the  7th  column  on  the  register  page  for  the  month  the  pupil  is 
entered  for  attendance. 


XXXIV.       (Form    No.     A39.) — Register    Shipping    Letter 

This  letter  must  be  filled  out,  signed,  and  placed  in  shipping  tag 
envelope  and  tied  securely  to  the  package  of  registers,  and  for- 
warded to  Trenton  by  express.     Send  Registers  by  prepaid  express. 

Date 

Calvin  N.  Kendall. 

Commissioner  of  Education, 
Trenton,  N.  J. 
Dear  Sir — In  the  enclosed  package  find  all  the  registers   (No. 

),  official  white  cards  (No ),  and  Principals' 

cards  (No ),  kept  by  teachers  in  the  schools  of 

District,   County,  for  the  School  year  191 ....    191 .... 

I  have  carefully  examined  the  registers  as  required  by  law  (Article 
VIII,  Section  120),  and  certify  that  they  are  correct;  also  that  the 
official  cards  are  properly  filled  out  and  signed. 

I  hereby  make  application  for  allowance  (See  School  Law,  Arti- 
cle XVII,  Section  182,  Par.  11)  for  the  following  schools: 
Name  of  School.  Number.  Reason.  Number  of  Days. 

Signed 

District  Clerk. 

Post  Office    

Express  Office   


FOR  SCHOOL  ( >FFICERS.  409 

On  receipt  of  the  registers  in  Trenton,  you  will  receive  a  register 
receipt  card  showing  that  the  package  of  registers  has  been  received, 
and  if  you  do  not  receive  the  receipt  within  five  days  after  shipment, 
start  tracer. 


XXXV.       Bond    to    be    Issued    for    Loan 

SCHOOL    RONH. 

NTo Bond  of  School  District  of  the of 

$ County  of N.  J. 

Know  all  men  by  these  presents  that  "The  Board  of  Education 

of  the of ,  in  the  County  of ,"  in 

the  State  of  New   Terser,  is  justly  indebted  unto ,  or 

bearer,  in  the  sum  of dollars,  lawful  money  of  the  United 

States  of  America,  to  be  paid  to  the  said ,  or  bearer,  on 

the day  of 19.  ...  at  the bank  at 

\T.  J.,   with  interest  therefor  from  the  date  hereof,  at  the  rate  of 

per   centum   per  annum,  payable  semi-annually,  on  the 

days  of and in  every  year,  at  the 

bank  aforesaid,  on  the  presentation  of  the  annexed  coupons,  as  they 
shall  severally  become  due. 

This  is  one  of  a  series  of  coupon  (a)  bonds  issued  by  the  Board 
of  Education  of  above  School  District,  amounting  in  the  aggregate 
to dollars,  numbered  from to ,  both  in- 
clusive ;  and  all  of  said  bonds  have  been  issued  for  money  borrowed 
by  said  Board  under  the  provisions  of  Article  VII.,  of  an  act  en- 
titled "An  act  to  establish  a  thorough  and  efficient  system  of  free 
public  schools  and  to  provide  for  the  maintenance,  support  and 
management  thereof."   approved   October   19th,    1903,  and  by   the 

consent  of  the  inhabitants  of  said lawfully  given,  at  a 

meeting  lawfully  held,  on 19 

In  witness  whereof,  on  the day  of in  the  year 

nineteen  hundred  and this  bond  is  signed  by  the  Presi- 
dent of  the  Board  of  Education  of  the of ,  in 


(a)   Bonds    may    be    registered    or    coupon.     If    registered    the    bond    should    so 
state  and   the  coupons  omitted. 


410  BLANKS  AND  FORMS 

the  County  of. ,  and  attested  by  the  District  Clerk,  under 

the  seal  of  the  Board. 


President. 

Attest : 


District  Clerk 
[seal.] 

[Form  of  Coupon  to  be  attached  to  the  above  Bond.) 

SCHOOL    BOND. 

Board  of  Education  of  the or County  of : 

Interest  warrant  for dollars,  payable  at  the 

bank  of N.  J.,  to  bearer ,  19 for  six  months' 

interest  on  Bond  No 

D.  C. 


XXXVI.       Notice    to    the    Assessor     of    Amount    of    Tax    to    be    Raised    for 

Bonds    and    Interest 

To Assessor  of County: 

A  meeting  of  the  legal  voters  of  the  School  District  of  the 

of in   the   County   of was   held   at a 

( onvenient  public  place  within  the  District,  on  the day  of 

,  19 pursuant  to  notice,  setting  forth  the  time,  place 

and  object  of  said  meeting,  and  specifying dollars  as  the 

amount  of  money  thought  necessary  to  be  raised  by  the  issue  of 
bonds  for  the  purpose  of  providing  adequate  and  suitable  school 
accommodations  for  the  pupils  attending  or  desiring  to  attend  school 
in  said  District.  The  District  Clerk,  as  directed  by  the  Board  of 
Education,  posted copies  of  the  notice  calling  said  meet- 
ing, one  copy  thereof  being  posted  on  each  school-house  in  the  dis- 
trict, and  one  copy  thereof  at  each  of  the  following-named  public 

ces  therein :    

on  the day  of ,  19 The  said  legal  voters 

so  met,  by  the  consent  of  a  majority  of  those  present,  ordered  raised 


FOR  SCHOOL  OFFICERS.  41 1 

by  the  issue  of   School  District  bonds dollars,  and  said 

legal  voters  also  determined  the  denomination  of  said  bonds  and  the 
time  or  times  of  payment  thereof.  The  amount  of  said  bonds  so 
authorized  to  be  issued  was  not  in  excess  of  the  amount  set  forth 
in  the  notices.  The  vote  was  taken  by  ballot,  and  the  ballots,  tally 
sheet,  poll  list  and  statement  of  the  result  of  said  meeting  having 
been  filed  with  the  County  Superintendent  of  Schools  in  the  manner 
required  by  law.  The  proceedings  authorizing  said  issue  of  bonds 
were  approved  by  the  Attorney-General  as  required  by  law.  You 
are  therefore  directed  to  assess  on  the  inhabitants  of  said  School 
District,  and  their  estates,  and  the  taxable  property  therein,  pur- 
suant  to  the  statute  in  such  case  made  and  provided,  the  sum  of 

dollars,  being  the  amount  of  principal  and  interest  due 

on  said  bonds  during  the  year  for  which  said  assessment  shall  be 
made. 

Dated  this day  of ,  19 

District  Clerk. 


State  of  New   Jersey,     ) 

r*  J  '       [SS. 

County  of ) 

being  duly  sworn,  on  his  oath  saith  that 

he  is  the  District  Clerk  of  the  School  District  of  the 

of in   the   County   of and   that  the   above 

statement  by  him  is  correct  and  true. 

Sworn  and  subscribed  before  me  this day  of 

'9 


XXXVII.       Notice  to  County  Superintendent  of  Tax  for  Bonds  and  Interest 

To County  Superintendent County: 

The  following  is  a  copy  of  the  notice  delivered  to  the  Assessor 

as  required  by  law: 

To ,  Assessor  of County  : 

A  meeting  of  the  legal  voters  of  the  School  District  of  the 


4i2  BLANKS  AND  FORMS 

....  of in  the  County  of was  held  at 

a  convenient  public  place  within  the  District/ on  the day 

of 19 pursuant  to  notice,   setting  forth  the  time, 

place  and  object  of  said  meeting,  and  specifying dollars 

as  the  amount  of  money  thought  necessary  to  be  raised  by  the  issue 
of  bonds  for  the  purpose  of  providing  adequate  and  suitable  school 
accommodations  for  the  pupils  attending  or  desiring  to  attend  school 
in  said  District.  The  District  Clerk,  as  directed  by  the  Board  of 
Education, .posted copies  of  the  notice  calling  said  meet- 
ing, one  copy  thereof  being  posted  on  each  school-house  in  the  dis- 
trict, and  one  copy  thereof  at  each  of  the  following-named  public 

places  therein :    

on  the day  of ,  19 The  said  legal  voters 

so  met,  by  the  consent  of  a  majority  of  those  present,  ordered  raised 

by   the  issue  of  School  District  bonds dollars,  and  said 

legal  voters  also  determined  the  denomination  of  said  bonds  and  the 
time  or  times  of  payment  thereof.  The  amount  of  said  bonds  so 
authorized  to  be  issued  was  not  in  excess  of  the  amount  set  forth  in 
the  notices.  The  vote  was  taken  by  ballot  and  the  ballots,  tally 
sheet,  poll  list  and  statement  of  the  result  of  said  meeting  having 
been  filed  with  the  County  Superintendent  of  Schools  in  the  manner 
required  by  law.  The  proceedings  authorizing  said  issue  of  bonds 
were  approved  by  the  Attorney-General  as  required  by  law.  You 
are  therefore  directed  to  assess  on  the  inhabitants  of  said  School 
District,  and  their  estates,  and  the  taxable  property  therein,  pur- 
suant to  the  statute  in  such  case  made  and  provided,  the  sum  of 

dollars,  being  the  amount  of  principal  and  interest  due 

on  said  bonds  during  the  year  for  which  said  assessment  shall  be 
made. 

Dated  this day  of ,  19 


District  Clerk. 
State  of  New  Jersey,    ) 

County  of *\ss' 

,  being  duly  sworn,  on  his  oath  saith  that 

he  is  the  District  Clerk  of  the  School  District  of  the 

of in   the   County  of and  that  the  above 

statement  by  him  is  correct  and  true. 


FOR  SCHOOL  OFFICERS.                           413 
Sworn  ami  subscribed  before  me  this day  of 


[9, 


XXXVIII.       Notice    to   be   given    by    the   Secretary   of   a   District   School 
Meeting  to  the  Members-Eiect 

To : 

You  are  hereby  notified  that  at  the  annual  school  meeting  in  the 

School  District  of in  the  County  of ,  held  on 

the day  of ,  19.  ... ,  you  were  elected  a  mem- 
ber of  the  Board  of  Education  in  said  district. 

Dated  this day  of ,   19 


Secretary  of  said  meeting. 


XXXIX.       Form  of  a  Lease 

/ 

Know  all  men  by  these  presents,  that  A.  B.,  of  the 

of ,  in   the  County  of ,  in  the  State  of  New 

Jersey,  of  the   first   part,   for  the  consideration  herein  mentioned, 

does  hereby  lease  unto  "The  Board  of  Education  of  the 

of ,  in  the  County  of ,"  in  the  State  aforesaid, 

party  of  the  second  part,  its  successors  and  assigns,  the  following- 
described  parcel  of  land : 

[Here  insert  description  of  land.] 
Together   with  all  the  privileges  and  appurtenances  thereunto  be- 
longing:    To  have  and  to  hold  the  same  for  and  during  the  term 

of years  from  the day  of ,  a.  d. 

u>.    .  .  ;  and  the  said  party  of  the  second  part,  for  itself,  its  sue 
cessors  and  assigns,  does  covenant  and  agree  to  pay  the  said  party 

of  the  first  part,  for  said  premises,  the  annual  rent  of 

dollars. 

In   testimony   whereof,  the   said   parties  have  hereunto  set  their 

hands  and  seals,  this day  of ,  19 

A.  B.,  Lessor. 

President. 

District  Clerk. 


4i4  BLANKS  AND  FORMS 

XL.       Form   of  a  Deed  of  a  School-House  Site 

Know  all  men  by  these  presents,  that  A.  B.  [and  C.  B.,  his  wife, 

if  married],  in  the of ,  in  the  County  of 

,  in  the  State  of  New  Jersey,  party  of  the  first  part,  for 

and  in  consideration  of  the  sum  of dollars,  to  them  in 

hand  paid  by  "The  Board  of  Education  of  the of , 

in   the   County   of ,"   and   State  aforesaid,   party   of   the 

second  part,  the  receipt  whereof  is  hereby  acknowledged,  do  hereby 
grant,  bargain,  sell  and  convey  to  the  said  party  of  the  second  part, 
its  successors  and  assigns,  the  following-described  piece  of  land, 
namely : 

[Here  insert  description  of  land.] 

Together  with  all  the  privileges  and  appurtenances  thereunto  be- 
longing: To  have  and  to  hold  the  same  to  the  said  party  of  the 
second  part,  its  successors  and  assigns  forever;  and  the  said  party 
of  the  first  part,  for  themselves,  their  heirs,  executors  and  adminis- 
trators, do  covenant,  bargain  and  agree,  to  and  with  the  said  party 
of  the  second  part,  its  successors  and  assigns,  that  at  the  time  of  the 
ensealing  and  delivery  of  these  presents,  they  are  well  seized  of  the 
premises  above  conveyed,  as  of  a  good,  sure,  perfect,  absolute  and 
indefeasible  estate  of  inheritance  in  the  law  in  fee-simple,  and  that 
the  said  lands  and  premises  are  free  from  all  incumbrances  whatso- 
ever ;  and  that  the  above  bargained  premises  in  the  quiet  and  peace- 
able possession  of  the  said  party  of  the  second  part,  its  successors 
and  assigns,  against  all  and  every  person  or  persons  lawfully  claim- 
ing or  to  claim,  the  whole  or  any  part  thereof,  the  said  party  of  the 
first  part  will  forever  warrant  and  defend. 

In  witness  whereof,  the  said  A.  B.  and  C.  B.,  his  wife,  party  of 

the  first  part,  have  hereunto  set  their  hands  and  seals,  this 

day  of ,  a.  d.  19 

Signed,  sealed  and  delivered  in 

presence  of 

E.  F. 


A.  B.   [seal.] 
C.  B.   [seal.] 


Note. — Such  deeds  should  be  duly  acknowledged  before  a  judge,  commissioner 
of  deeds,  master  in  chancery  or  other  officer  authorized  by  law  to  take  such 
acknowledgment,  and  recorded  in  the  office  of  the  county  clerk.  The  bond  and 
mortgage  given  by  the  Board  of  Education  to  secure  payment  of  part  of  purchase- 
money  may  be  in  the  usual  forms,  and  for  the  execution  of  deeds,  mortgages  and 
bonds  each  district  should  have  a  corporate  seal.  Notes  given  for  borrowed 
money  should  be  in  the  name  of  the  district  and  signed  by  the  President  and 
District  Clerk. 


FOR  SCHOOL  OFFICERS.  415 


XLI.       Contract     for     Building     a     School -House 

Contract  made  and  entered  into  between  A.  B.,  of  the  County  of 

State  of  Nrevv  Jersey,  and  "The  Board  of  Education 

of  the of ,  in  the  County  of " 

State  of  New  Jersey. 

In  consideration  of  the  sum  of  one  dollar  in  hand  paid,  the  receipt 

whereof  is  hereby  acknowledged,  and  of  the  further  sum  of 

dollars,  to  be  paid  as  hereinafter  specified,  the  said  A.  B.  agrees  to 
build  a  frame  school-house  and  to  furnish  the  materials  therefor, 
according  to  the  plans  and  specifications  for  the  erection  of  said 
house  hereto  appended,  as  such  point  in  said  district  as  the  said 
board  may  designate.  The  said  house  is  to  be  built  of  the  best  ma- 
terial, in  a  substantial,  workmanlike  manner ;  and  is  to  be  completed 
and  delivered  to  said  Board,  free  from  any  lien  for  work  done  or 

materials   furnished,   by   the day   of ,    19.  ...  ; 

and  in  case  the  said  house  is  not  finished  in  the  time  herein  specified, 
the  said  A.  B.  shall  forfeit  and  pay  to  the  said  Board,  for  the  use  of 

said  district,  the  sum  of dollars,  and  shall  also  be  liable 

for  all  damages  that  may  result  in  consequence  of  such  failure,  and 
said  Board  may  finish  the  building  and  charge  the  cost  of  the  same 
to  the  said  A.  B. 

The  said  Board  hereby  agrees  to  pay  the  said  A.  B.  the  sum  of 

dollars  when  the  foundation  of  said  house  is  finished, 

and  the  further  sum  of dollars  when  the  building  is  ready 

tor  the  roof;  and  the  remaining  sum  of dollars  when  the 

said  house  is  finished  and  delivered,  as  herein  stipulated. 

It  is  further  agreed,  that  this  contract  shall  not  be  sublet,  trans- 
ferred or  assigned  without  the  consent  of  both  parties. 

Witness  our  hands  this day  of ,  19 

A.  B.,  Contractor. 

,  President. 

District  Clerk. 

Note. — In  building  a  school-house,  it  is  all-important  to  secure  a  plan  of  the 
building,  with  full  specifications  as  to  its  dimensions,  style  of  architecture,  num- 
ber and  size  of  the  windows  and  doors,  quality  of  materials  to  be  used ;  what 
kind  of  roof ;  number  of  coats  of  paint :  of  what  material  the  foundation  shall 
be  constructed;  its  depth  below,  and  its  height  above  the  surface  of  the  ground; 
the  number  and  style  of  chimneys  and  flues;  the  provisions  for  ventilation;  the 
number  of  coats  of  plastering,  and  style  of  finish,  and  all  other  items  in  detail 
that  may  be  deemed  necessary.  The  plan  and  specifications  should  be  attached 
to  the  contract,  and  the  whole  filed  with  the  District  CleTk.     Before  the  building 


4i6  BLANKS  AND  FORMS 


is  com'menced,  the  contract  and  specifications  should  be  filed  in  the  office  of  the 
county  clerk  to  prevent  liens.  All  plans  and  specifications  must  be  submitted  to 
the  State  Board  of  Education  for  approval,  and  copies  of  all  contracts  must 
be  filed  with  the  State  Board  of  Education  as  soon  as  executed. 


XLII.       Form    of    Note    for    Money    Borrowed 

,  N.  J., ,19.... 

days  after  date,  "The  Board  of  Education  of  the 

of in  the  County  of ,"  State  of 

New  jersey,  promises  to  pay  to ,  or  order,    

dollars,  with  interest  from  the  date  thereof,  at  the  rate  of 

per  cent,  per  annum. 

This  note  is  given  for  money  borrowed  by  said  Board  for  the 

purpose  of pursuant  to  the  statute  entitled  "An  Act  to 

establish  a  thorough  and  efficient  system  of  free  public  schools,  and 
to  provide  for  the  maintenance,  support  and  management  thereof," 
approved  October  19th,  1903,  and  by  the  consent  of  the  inhabitants 
of  the  said  district  lawfully  given,  at  a  meeting  lawfully  held  on 
19 


President. 

Attest : 


District  Clerk. 


XLIII.       Duties    of   District    Clerk 

1.  To  prepare  and  post 

Notices  for  annual  district  meeting. 
Notices  for  special  district  meeting. 

2.  To  prepare  and  deliver  notices  for  meetings  of  the  Board  of 
Education. 

3.  To  act  as  secretary  of  the  Board  of  Education. 

4.  To  record,  in  a  book  provided  for  that  purpose,  all  the  proceed- 
ings of  Board  of  Education  meetings  and  district  meetings. 


FOR  SCHOOL  OFFICERS.  417 

5.  To  keep  an  account  of  the  finances  of  the  district,  and  to  report 
.it  each  regular  meeting  of  the  Board  of  Education. 

6  To  pay  out  all  moneys  by  issuing  orders  on  the  Custodian  of 
School  Moneys. 

7.  To  make  a  financial  report  to  County  Superintendent. 

8  To  make  a  report  of  the  transactions  of  the  Board  for  the  year 
to  the  annual  district  meeting  for  the  election  of  members  of  the 
Board  of  Education. 

9.  To  prepare  and  forward  the  annual  report  of  the  County 
Superintendent. 

to.  To  notify  Count}  Superintendent  and  township  assessor  of 
the  amount  of  district  school  tax  ordered. 

i  i .  To  notify  County  Superintendent  of  the  election  of  members 
of  the  Board. 

r2.  To  buy  fuel,  text-books  and  such  other  articles  as  the  Board 
may  direct. 

13.  To  deliver  to  his  successor  all  records  and  papers  belonging 
to  the  district. 


XLIV.       (Form   No.    34.) — Certificate  that  Child   has   Attended   School 

I  hereby  certify  that  I  am  Principal  of  School  No ,  in 

the of County  of ,  and  that  [name 

of  child]  is  the  [son,  daughter  or  ward]  of  [name  of  parent  or 
guardian],   residing  at    [street  and  city]  ;  that  to  the  best  of  my 

knowledge  and  belief,  said   [name  of  child]   is years  of 

age;  and  said  [name  of  child]  has  attended  school  under  my  charge, 

five  days  a  week,  for weeks,  during  the  year  preceding 

the  date  of  this  certificate. 

Dated 19 

Principal. 


4i8  BLANKS  AND  FORMS 

XLV.      Teacher's    Report    to    the    County    Superintendent   when    Leaving    a 
School  Before  the  End  of  the  School  Year 

Report  of  the  Teacher  of  Public  School  No ,  in  the 

of.  .  . ,  in  the  County  of ,  for 

the  portion   of  the   School  Year  commencing ist, 

19.  .  .  .,  and  ending ,  19 

[The  body  of  the  Report  same  as  Annua!  Report  in  the  Register.] 

To ,  County  Superintendent  for County : 

Being  about  to  leave  my  present  school,  I  respectfully  present 
the  above  record  and  statements  as  my  report  for  the  expired  por- 
tion of  the  present  School  Year,  as  required  by  the  laws  of  this 
State ;  which  report  I  hereby  certify  has  been  carefully  made  out 
from  the  records  contained  in  the  School  Register. 


Teacher. 

Note. — The  law  requires  that  a  duplicate  of  the  above   report  shall  be   made 
to  the  District  Clerk. 


XLVI.      Teacher's    Report   of    the  Suspension    of   a   Pupil    to    the   Board   of 

Education 

To ,  District  Clerk  of  the  Board  of  Education  of  the 

of ,  of  the  County  of : 

Sir — You  are  hereby  notified  that   I  have  this   day   suspended 

from   my    school ,    for    [here   state   the   cause   for 

suspension]. 

Dated  this day  of 19 


Teacher. 

Note. — The  School  law  requires  every  suspension  to  be  reported  to  the  Board 
of  Education. 


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FOR  SCHOOL  OFFICERS.  421 

XLIX.       (Form    No.    A49.) — Notice 


Extract    from   an    act    entitled    "An    Act    concerning   disorderly 
persons"   (Revision  of  189S). 


4.  Any  person  who  shall  enter  the  buildings  or  go  upon  the  lands 
belonging  to  any  public  school  district  of  this  State,  or  used  and 
occupied  for  school  purposes  by  any  public  school  in  this  State,  and 
shall  break,  injure  or  deface  such  building  or  any  part  thereof,  or 
the  fences  or  outhouses  belonging  to  or  connected  with  such  build- 
ing or  lands,  or  shall  disturb  the  exercises  of  such  public  school,  or 
molest  or  give  annoyance  to  the  children  attending  such  school,  or 
any  teacher  therein,  shall  be  deemed  and  adjudged  to  be  a  disorderly 
person. 

By  order  of  the 

Board  of  Education. 


(Form  A42.)       Application  for  Approval  of  School-House  Plans 

Date 


Calvin  N.  Kendall, 

Secretary  State  Board  of  Education, 

Trenton,  N.  J. 

My  Dear  Sir: 

Herewith  I  submit  for  examination  and  approval  the  plans  and 

specifications  in  duplicate  for  the  proposed 

(New  school-bouse  or  addition.) 


to  be  known  as 

Name  of  School  

Street  Location    

School  District  of ,  County  of. 

No.  of  Sheets  of  Building  Blue  Prints 


422  BLANKS  AND  FORMS 

No.  of  Sheets  of  Heating  and  Ventilation  Blue  Prints 

No.  of  Rooms \  ™!  ,         Basement    I  Brick  or  Frame 

/  without  \ 

(Cross  out  one.) 

\     .  ,         Auditorium    I  Brick  or  Frame 

( without  ) 

(Cross  out  one.) 

Money  Available,  $ Estimated  Cost  of  Building,  $ 

H.  and  V.,  $ Seating,  $ Total,  $ 

Architect's   Name    

Address    

The  District  Clerk  is 

Address    

In  drawing  these  plans  and  specifications  I  have  fully  complied 
with  all  the  requirements  of  the  New  Jersey  School  Law  in  refer- 
ence to  school  buildings. 


(Signature.) 


FOR  SCHOOL  OFFICERS.  423 


Compulsory  Education  Forms. 


(Form  A51.)       Copy  of  Documentary  Proof  of  Age 

I  hereby  certify  that  this  is  a  true  copy  of  the 

(Birth  or  baptism  record,  or  pasBport.) 

of ,  who  is  an  applicant  for  age 

(Name    of    child.) 
and  schooling  certificate  in  the  school  district  of , 

county  of  

COPY. 


( Officer    issuing    certificate.) 


(Form    A52.) — Certificate    of   Educational    Qualification 

This  certifies  that has  attended  the 

(Name    of    child.) 

school  in  the  school  district  of   for  a  period  of 

days  in  the  twelve  months  next  preceding  the  appli- 

cation  for  this  certificate,  and  that   has  completed 

(He  or  she.) 
a  course  of  study  equivalent  to  five  yearly  grades  in  reading,  writ- 
ing, spelling,  English  language  and  geography,  is  able  to  read  intel- 
ligently and  write  legibly  simple  sentences  in  the  English  language, 
and  is  familiar  with  the  fundamental  operations  of  arithmetic  up  to 
and  including  simple  fractions. 

Name  of  child Date  of  birth 

Parent   or  guardian Address 

Color  of  child Sex 

Color  of  hair Color  of  eyes 

Height    Weight 

Signed : 


Principal   of    .... 
School  district  of. 

County  of   

Date  of  issue 


424  BLANKS  AND  FORMS 

(Form  A53.)       Certificate  of  Physical  Qualification 

This  certifies  that,  in  accordance  with  Article  XV  of  the   New 
Jersey  School  Law,  I  have  this  day  personally  examined , 

(Name   of    child,  i 

who  is  an  applicant   for  an  "'age  and  schooling  certificate"  in  the 
school  district  of and  that  I  find to 

(Name  of  school   district.)  illim  or  her.) 

have   die   normal   development  of  a  child  of age,  and 

1 1  lis  or  her.) 

that is  in  sufficiently  sound  health  and  physically  able 

(He  or  she.) 
to  be  employed  in  any  of  the  occupations  in  which  a  child  between 

the  ages  of  fourteen  and  sixteen  years  may  legally  be  employed. 

Medical  Inspector. 

School  district  of 

County  of 

Dated 19 


(Form  A54.)       Application  for  Physical  Examination  of  Child  to  Determine 

Age 

To  the  Board  of  Education  of school  district,  county  of 

I  hereby  respectfully  request  that  a  physical  examination  be  made 
son 
of  my  daughter ,  who  resides  at street,  school 

ward       (Name   of  child.) 

district  of ,  and  who,  to  the  best  of  my  knowledge  and. 

belief,  was  born  in  the  city  or  town  of ,  county  of 

and   State   of on  the of 

(Day.)     (Month    or    year.) 

I  do  solemnly  swear  that  I  have  been  unable  to  secure  any  docu- 
mentary proofs  of  age  as  specified  in  paragraph  a,  b  or  c  of  section 
three  in  Article  XV  of  the  New  Jersey  School  Law. 


((Parent    or    guardian.  1 

Subscribed  and  sworn  before  me  this day  of .  . . 


(Officer   issuing   certificate.) 

Additional  information  which  may  be  of  assistance  in  determin- 
ing the  age  of  the  above-named  child  to  be  filled  out  by  parent  or 
guardian. 


n  )R  S<  HOOL  (  )FFI(  ERS.  425 

(Form   A-55.)       Physicians'   Certificate   of   Age 

We,  the  undersigned  physicians,  officially  designated  by  the  Board 

of  Education  of school  district,  county  of 

in  accordance  with  paragraph  (d),  section  three.  Article  XV  of  the 

N'ew   Jersey  School  Law.  to  examine ,   (who  is)   an 

I  Name    i>r    child.) 

applicant  for  an  "age  and  schooling  certificate,"  in  order  to  deter- 
mine the  age  of  such  child,  do  hereby  certify  that  we  have  separately 
examined who   resides   at street,   in   the 

(.Name    of   child.) 

school  district  of and  find  that is  at 

(He  or  she. 
least  fourteen  years  of  age. 

(Signature    of    physician.) 
(Signature    of    physician.) 

Dated 19 


(Form    A56.)       Employer's    Certificate 

This  is  to  certify  that ha.  . .  .employed 

at  a  weekly  salary  of  $ ,  that  said is  em- 
ployed as that  said  employment  began 

(Mate   nature   of   work.) 

191 ...  .,  and  that  ...  .he  has  surrendered  to the  age  and 

schooling  certificate  issued  to dated ,  191 

Dated ,  191 


(Employer.) 
Note. — This  certificate  is  to  be  filled  out  by  the  employer  and  returned  to  the 
Supervisor    of    School    Exemption    Certificates    within    two    days    after    the    child 
begins  work 


CHAPTER  223,  LAWS,  SESSION  OF  1914. 

12.  The  supervisor  of  school  exemption  certificates  shall  give  to  each  child  to 
whom  an  age  and  schooling  certificate  is  issued  a  blank  form  of  "employer's  cer- 
tificate" which  shall  be  filled  in  by  the  person  employing  said  child,  setting  forth 
the  nature  of  the  work  the  child  is  to  do,  the  date  the  child  starts  work,  and  also 
the  salary  a  week  to  be  paid  the  child,  which  form,  correctly  filled  out,  shall 
within  two  days,  be  surrendered  or  returned  by  the  person,  firm  or  corporation 
employing  said  child  to  the  supervisor  of  school  exemption  certificates  of  the 
district  in  which  the  child  resides.  The  child,  upon  securing  employment,  shall 
surrender  the  age  and  schooling  certificate  to  his  employer  who  shall  retain 
said  certificate  during  the  time  said  child  is  in  his  employ ;  said  employer  shall, 
within  two  days  after  the  child  is  discharged  or  ceases  to  work  for  him,  sur- 
render   or   return    the    age    and    schooling   certificate   to    the    supervisor    of    school 


426  BLANKS  AND  FORMS 

exemption  certificates  of  the  school  district  in  which  said  child  resides,  who 
shall  file  the  same  in  his  office  and  keep  said  certificate  until  such  time  as  the 
child  shall  again  secure  employment.  If,  however,  said  employer  does  not  know 
or  cannot  find  the  location  of  said  child's  residence,  he  shall  surrender  or  deliver 
the  age  and  schooling  certificate  to  the  supervisor  of  school  exemption  certificates 
for  the  district  in  which  the  business  of  the  employer  was  located,  and  said 
supervisor  of  school  exemption  certificates  shall  make  inquiry  and  search  for 
said  child,  and  if  he  cannot  find  where  said  child  resides,  he  shall  return  the 
certificate  to  the  supervisor  of  school  exemption  certificates  who  issued  the  samt. 

Whenever  a  child  shall  find  other  employment  it  shall  apply  to  the  supervisor 
of  school  exemption  certificates  of  the  school  district  in  which  said  child  lives 
for  the  return  of  the  age  and  schooling  certificate,  together  with  a  blank  form 
of  employer's  certificate,  and  the  employer  shall  retain  and  file  in  his  office  said 
age  and  schooling  certificate,  and  fill  in  and  return  the  employer's  certificate  as 
provided  above.  Any  person,  the  members  of  any  firm  or  the  officers  or  agents 
of  any  corporation  failing  to  comply  with  the  provisions  of  this  section  of  this 
act  shall  be  deemed  and  adjudged  to  be  a  disorderly  person  or  persons,  and 
upon  conviction  thereof,  shall  be  fined  not  to  exceed  twenty-five  dollars,  cr 
imprisoned  in  jail,  not  to  exceed  thirty  days,  or  both. 

Whenever  any  age  and  schooling  certificate  or  any  age  and  working  certificate 
shall  have  been  cancelled  as  provided  in  section  ten  of  this  act,  the  board  of 
education  cancelling  said  certificate  shall  immediately  notify  the  Commissioner  of 
Education,  the  Commissioner  of  Labor  and  the  person  or  corporation  by  whom 
the  child  is  employed  of  its  action,  and  said  person  or  corporation  shall  imme- 
diately upon  receiving  said  notice  forward  said  certificate  to  the  Commissioner 
of  Education. 


(Form  A57.)       Age  and  Schooling  Certificate  * 

No.  of  Certificate 

School   district   of 

County  of    

This  certifies  that  m  accordance  with  Article  XV  of  the  New 
Jersey  School  Law  there  has  been  filed  in  my  office  the  following 
proofs  of  age,  school  attendance,  educational  qualification  and  phys- 
ical ability  of 

Name   Date  of  birth 

Color Sex Color  of  hair 

Color  of  eyes Height Weight 

Place  of  birth Present  address 

Distinguishing  facial  marks    

Parent Residence   of   Parent 

PROOF   OF    AGE. 

Proof    of    age    has    been    filed    in    accordance   with  paragraph 
that is  at  least  fourteen  years  of  age. 

(a,  b,  c  or  d  "  tNarue   of    child.) 

♦Triplicate   form — Original,   Office   Duplicate  and   for   Department  of   Labor. 


FOR  SCHOOL  OFFICERS.  427 

EDUCATION. 

A  certificate  has  been  filed  from Principal  of 

1  Name   of   i  chool.  .1 
certifying  that  the  above-named  child  has  attended for 

(Name   of   school.) 
a  period  of  130  days  during  the  twelve  months  preceding  this  appli- 
cation ;  that is  able  to  read  intelligently  and  write  legibly 

(He  or  she.) 
simple  sentences  in  the  English  language,  and  that has 

1  lie   or   she.) 

completed  a  course  of  study  equivalent  to  five  yearly  grades  in  read- 
ing, writing,  spelling,  English  language  and  geography,  and  is  fa- 
miliar with  the  fundamental  operations  of  arithmetic  up  to  and 
including  simple  fractions. 

PHYSICAL   CONDITION. 

A  certificate  has  been  filed  from  Dr ,  Medical  In- 
spector of School,  certifying  that  the  above-named  child 

has  been  examined,  and,  in opinion,  has  the  normal 

1 1 1  is   or  her.) 

development  of  a  child  of  the  age,  and  is  in  sufficiently  sound  health 
and  physically  able  to  be  employed  in  any  of  the  occupations  in 
which  a  child  between  fourteen  and  sixteen  years  of  age  may  legally 
be  employed. 

Signature  of  child 

Granted  this day  of 19. . .  . 


(Name  of  officer   granting   certificate.) 
(Title   of  officer.) 


(Form  A59.J       Legal  Notice  to  Parent  or  Guardian  to  Send  Child  to  School 

School  District  of 

To 

(Name   ol    parent,    guardian   or   oilier   person   having  control  of  child.) 

(Address.) 


42S  BLANKS  A\TD  FORMS 

Please  take  notice,  that  under  the  act  entitled  "A  supplement  to 
An  Act  to  establish  a  thorough  and  efficient  system  of  free  public 
schools  and  to  provide  for  the  maintenance,  support  and  manage- 
ment thereof,'  "  approved  October  19,  1903,  which  supplement  was 
approved  April   14,   1914,  you  are  liable  to  a  fine  or  imprisonment 

because   \onr        ' does  not   attend   school  regularly. 

ward  & 

Please  cause  said  child  to  attend  a  day  school  within  five  (5)  days 
from  the  service  of  this  notice  and  attend  regularly  thereafter. 

And  you  are  further  notified.  That  the  final  consequences  of 
truancy  are  as  follows : 

14.  Every  child  between  the  ages  of  seven  and  fourteen  years,  and  every  child 
between  the  ages  of  fourteen  and  sixteen  years  who  is  not  lawfully  employed  in 
seme  useful  occupation  or  service,  who  shall  repeatedly  be  absent  from  school,  or 
any  child  found  away  from  school  during  school  hours,  whose  parent,  guardian 
or  other  person  having  charge  and  control  of  such  child  is  unable  to  cause  him 
ro  attend  school,  or  any  pupil  who  shall  be  incorrigible,  actually  vagrant,  vicious 
or  immoral  in  conduct,  shall  be  deemed  to  be  a  juvenile  delinquent  and  shall  be 
proceeded  against  as  such. 

15.  Any  parent,  guardian  or  other  person  having  custody  and  control  of  any 
child  between  the  ages  of  seven  and  sixteen  years  who  shall  fail  to  comply  with 
the  provisions  of  section  two  of  this  act,  or  any  parent,  guardian  or  other  person 
having  custody  and  control  of  any  child  between  the  ages  of  seven  and  sixteen 
years,  who  shall  fail  to  comply  with  any  of  the  provisions  of  this  act  relating 
to  his  or  her  duties,  shall  be  deemed  to  be  a  disorderly  person,  and  upon  convic- 
tion thereof,  it  shall  be  lawful  for  the  magistrate  or  judge  before  whom  such 
person  is  convicted  to  sentence  such  person  to  the  workhouse,  penitentiary  or 
county  jail  of  the  county  in  which  such  person  may  be  convicted,  for  a  period  not 
to  exceed  one  year,  or  to  impose  a  fine  not  to  exceed  fifty  dollars,  or  both ; 
provided,  however,  that  no  justice  of  the  peace  shall  have  jurisdiction  in  any 
proceedings  brought  under  the  provisions  of  this  act ;  and  provided,  further,  that 
when  a  complaint  is  filed  under  this  act  the  judge  before  whom  such  complaint 
is  made  shall  issue  a  rule  to  show  cause  setting  forth  the  facts  contained  in 
the  complaint,  and  commanding  the  defendant  to  appear  before  the  court  at  a 
certain  time  on  a  day  which  shall  be  at  least  three  days  from  the  date  of  the 
order  to  show  cause  why  the  defendant  should  not  be  punished  pursuant  to  the 
provisions  of  this  act,  and  also  demanding  that  the  defendant  produce  at  th» 
same  time  the  child  or  children  named  in  the  complaint,  which  rule  shall  be 
served  by  the  sheriff,  court  officer,  police  officer,  constable  or  other  person 
designated  for  the  purpose  by  the  court.  Upon  the  return  of  said  rule  and  the 
appearance  of  said  defendant,  together  with  said  child  or  children,  the  court 
shall  proceed  to  hear  and  determine  the  cause.  If  the  defendant  shall  fail  to 
appear  and  produce  the  child  or  children  named  in  the  rule  and  on  the  days 
specified  therein,  a  warrant  shall  be  issued  and  the  defendant  shall  be  proceeded 
against  as  a  disorderly  person  in  the  manner  provided  in  this  act. 

By  Order  of  the  Board  of  Education. 

t'l'ii    in-    -signed     >\     \  1  tc-iii!;irii  ■     flffli-er    nr    Supervisor    of    Atr.endancH  i 


FOR   SCHOOL  OFFICERS.  429 

(Form  A60.)      State  Warrant,  State  of  New  Jersey 

Court  of 

County  of 

To ,  Greeting : 

Whereas,   ,  an  Attendance  Officer  of  the  School 

District  of in  the  County  of has  made 

complaint  upon  oath  and  filed  the  same  in  the  Court  of 

that  on  the day  of 19.  . .  .,  in  said  school 

district was  in  charge  and  control  of .a 

1  Parent    or    Guardian.)                                                                           (Child.) 
child  between  the  age  of  7  and  10  years  and  that  the  said 

in  charge  and  control  of  said  child  has  failed  and  neglected  to  cause 
said  child  to  attend  school  regularly  as  required  by  Section  one  of 
an  act  entitled  "A  supplement  to  an  act  entitled  'An  act  to  establish 
a  thorough  and  efficient  system  of  free  public  schools,  and  to  pro- 
vide for  the  maintenance,  support  and  management  thereof,  ap- 
proved  October    19th.    1903,'   approved   April   2d,    1913,"   and   has 

failed  to  appear  in  this  Court  on  the day  of 

!Q as  required  by  a  rule  issued  from  this  Court  on  the 

day  of ,   19 These  are  therefore  in  the  name  of 

"The  State  of  New  Jersey"  to  command  you  to  apprehend  the  said 
and  the  said ,  if  they  be  found  in  your 

I'M'ctit    or    Ouardian.^  'Child.) 

bailiwick  and  forthwith  bring  them  before  the  said  Court  to  answer 
saul  complaint. 

1  lereof  fail  not. 

Witness Esquire of  said  Court 

;uu\  the  Seal  of  said  Court  &.t this day  of 


10. 


Clerk  of  Court. 


430  BLANKS  AND  FORMS 

(Form  A61.)       State  of  New  Jersey 

Court  of , 


Countr  of. 


In  the  matter  of  the  application  of 
Attendance   Officer  of 

the  School  District  of 

Complainant, 
vs. 


Rule  to  Show  Cause. 


Defendant. 

I  Fpon  reading  the  complaint  of ,  Attendance  Officer 

of  the  Board  of  Education  of  the  school  district  of 

filed   in  the  above  stated   cause,   setting   forth  that 

between  the  ages  of  7  and  16  years,  residing  in  said  school  district, 
has  been  absent  from  day  school  and  has  been  habitually  truant  dur- 
ing school  hours,  having  no  regular  and  lawful  employment  in  any 
useful  occupation  or  service ;  in  violation  of  the  provisions  of  Sec- 
tion 5  of  an  act  entitled  "A  supplement  to  an  act  entitled  'An  act  to 
establish  a  thorough  and  efficient  system  of  free  public  schools  and 
to  provide  for  the  maintenance,  support  and  management  thereof,' 
approved    October    19th,    1903,"    approved    April    2d,    1913;    that 

having  the  charge  and  control  of  said 

fails  and  neglects  to,  cause  said to  attend  school  regu- 
larly as  required  by  section  one  of  said  act ;  and  is  therefore  a  dis- 
orderly person  under  the  law. 

It  is  on  this day  of ,  19.  . .  .,  ordered 

that  the  said be  and  appear  before  said  Court  on  the 

(Pamnt    or    Guardian.) 

day  of ,  19.  .  .  .,  at  the  hour  of 

o'clock  in  the noon,  together  with  the  said 

(Child.) 

to  show  cause  why  the  said should  not  be  dealt  with 

as  law  and  justice  may  require. 

And  it  is  further  ordered  that  in  the  event  of  the  said 

(Parent    or    Guardian.) 

and  the  said failing  to  appear  at  said  time  and  place, 

(Child.) 


FOR  SCHOOL  OFFICERS.  43* 

that  then  a  warrant  issue,  without  further  order  of  this  Court,  to 
the  Sheriff,  Constable,  or  other  officer  authorized  to  serve  such  war- 
rant, commanding  him  to  bring  the  said and  the  said 

(Parent    or    Guardian.) 
forthwith  before  this  Court  for  such  disposition  as  the 

(Child.) 

Court  may  make  in  the  case. 


(Form  A62.) 


>ss.  Complaivt 


Stai  e  of  N'fw  Jersey, 

County  of   

School  District  of 

.  .' being  duly  sworn,  on  his  oath,  complaining  against 

says  that  he  is  an  attendance  officer  of  the  School 

(Name    of   Parent    or   Guardian.) 

District  of duly  appointed   and   empowered   by  the 

Board  of  Education  of  said  school  district,  and  that  said 

resides  at  No Street,  Avenue,  in  said 

school  district,  that.  . .  .he  is  the of child 

between  the  ages  of  seven  and  sixteen  years,  inclusive,  and  that  said 
and  during  the  time  mentioned  herein,  vv under 


(Child.) 

the  legal  control  of  the  said 

Deponent  further  says,  that  as  such  officer,  he  warned  both  the 

said and  the  said of  the  consequene;- ; 

(Parent    or    Guardian.)  (Cbild.) 

of  truancy,   if  persisted   in,   and   caused  a  notice   in    writing  to  be 

served  on  the  said that  the  said w 

(Parent    or    Guardian.)  (Child.) 

not  attending  school,  and  requiring  said to  cause 

said  child to  attend  school  within  five  days  from  the  service 

of  said  notice  and  cause  said  child to  attend  regularly  there- 
after:   which    said    notice    was    served    personally    upon    the    said 

on  the day  of ,  19 

(Parent    or    Guardian.) 
Deponent    further  states   that  the   said has   failed 

(Parent    or    Guardian.) 

and   neglected   to   cause   said   child to  attend   a  proper  da_\ 

school  regularly  each  day  after  the  time  limited  in  said  notice  and 

that  die  said ha not  been  excused  from  attend- 

( Child.) 


432  PLANKS  AND  FORMS 

ing  such  school  by  the  Board  of  Education  of  said  school  district, 
•    by  any  lawful  authority. 
Deponent,    therefore,   on   oath   complains,   and   charges   that   said 

tails  and  neglects  lo  cause  said to 

attend  school  regularly  in  violation  of  and  contrary  to  the  provisions 
of  the  statutes  in  such  case  made  and  provided,  and  particularly  the 
provisions  of  Section  two  of  "A  supplement  to  an  act  entitled  'An 
act  to  establish  a  thorough  and  efficient  system  of  free  public  schools 
and  to  provide  for  the  maintenance,  support  and  management  there- 
of, approved  October  19th,  1903,  approved  April  14th,  1914";  and 
he  pra\s  that  said may  be  apprehended  and  held  to 

(Paront    or    Guardian.) 

answer  said  complaint,  and  dealt  with  as  law  and  justice  may  require. 
Subscribed  and  sworn  to  before  me  the     ] 

.  .  .  .  : dav  dI 19 } .'""■' r 7i/r 

(   Attenaance  Ujjic-er. 


(Form  A63.)       Attendance  Report 

No Attendance  report School 

Name Age Grade 

Parent    Residence 

Absent       Truant       Attending  no  school 

Last  day  attended -\bsent  preceding  week 

Times  a  truant  this  term Parent  written 

Remarks : 


Principal.  Teacher. 

Dated 

Investigation  completed   191 

Interviewed  father,  mother,  guardian  or  pupil. 

Reported  to  Principal  - 191 

Pupil  returned   to  school    19 l 

( "a me  f< ir  absence 

Remarks : 


State  of  New  Jersey,  

Department  of  Public  Instruction.  Attendance  Officer. 


FOR  SCHOOL  OFFICERS.  433 


(Form  A64.)      Age  and  Working  Certificate — Certificate  of  Principal 

School  District  of 

County   of    

This  certifies  that,  in  my  opinion,  the  employment  of 

at  work  such  as  is  permitted  by  an  "age  and  working"  certificate  will 
not  interfere  with standing  in  school. 

(His  or  her.) 


Dated 


(Trincipal  or  teacher.) 
(School   district.) 


PHYSICIAN  S   CERTIFICATE. 


This  certifies  that  I  have  this  day  examined a  child 

between  the  ages  of  ten  and  sixteen  years,  and  that  I  am  of  the 
opinion  that  work  such  as  is  permitted  by  an  "age  and  working" 
certificate  will  not  interfere  with  said  child's  health. 


Dated. 


(Medical    Inspector.) 
(School   district.) 


(Form   A65.)      Age  and  Working   Certificate — Application   of  Parent 

School  District  of 

County  of    

I  hereby  make  application  for  an  "age  and  working"  certificate 
for  my who  is years  of 

(Child  or  ward.)         (Name  of  child.) 

age,  and  who  attends in  the  school  district  of 

(Name  of  school.) 
who  desires  to  be  employed  outside  of  school  hours  in  order  to  help 

support or  the  family. 

(Himself  or  herself.) 

I  agree  to  cause  said  child  to  attend  school  regularly  every  day 
in  which  the  public  schools  are  in  session  in  the  school  district  where 


434  BLANKS  AND  FORMS 

I  reside,  and  that  I  will  at  no  time  allow  such  employment  to  inter- 
fere with  the  health  or  standing  in  school  of  said  child. 

I  thoroughly  understand  that  said  child  may  be  employed  only  at 
selling  newspapers,  blacking  shoes,  running  errands,  or  other  light 
employments  not  otherwise  prohibited  by  law  for  children  under 
sixteen  years  of  age. 


Dated, 


(Parent   or   Guardian.) 
(Address.) 


(Form  A66.)      "Age  and  Working"   Certificate 

This  certificate  does  not  allow  the  employment  of  the  bearer  dur- 
ing any  of  the  hours  when  the  public  schools  are  in  session,  nor  be- 
fore six  o'clock  in  the  morning  or  after  seven  o'clock  in  the  evening. 

No.  of  Certificate 

School  District  of 

County  of   

This  certifies  that  in  accordance  with  Article  XV  of  the  New  Jer- 
sey School  Law  there  has  been  filed  in  my  office  a  petition  made  by 
of ,  a  child  between  the  ages  of  ten 

(Parent  or  guardian.)  (Name  of  child.) 

and  sixteen  years,  setting  forth  that  said desires  to 

(Name  of  child.) 
secure  employment  in  order  to  help  support  itself  or  family.     There 

have  also  been  filed  the  following  proofs  of  age,  physical  condition, 

and  educational  qualification: 

Name  of  child Date  of  birth 

Color Sex Color  of  hair 

Color  of  eyes Height Weight 

Place  of  birth Present  address 

Distinguishing  facial  marks   

Parent Residence  of  parent 


FOR  SCHOOL  OFFICERS.  435 

PROOF   OF   AGE. 

Proof  of  age  has  been  filed  in  accordance  with  paragraph 

(a,   b.  c  or  d.) 
that is years  of  age. 

(Name  of  child.) 

PHYSICAL   QUALIFICATION. 

A  certificate  has  been  filed  from  Dr.   ,  Medical 

Inspector  of School  District,  certifying  that  the  above- 
named  child  has  been  examined,  and  that,  in opinion,  the 

(His  or  her.) 
health  of  the  child  will  not  be  affected  by  engaging  in  any  of  the 

business  pursuits  in  which  it  may  legally  be  employed  under  the  pro- 
visions of  Article  XV  of  the  New  Jersey  School  Law. 

EDUCATIONAL   QUALIFICATION. 

A  certificate  has  been  filed  from setting  forth  that, 

(Name  of  principal  or  teacher.) 

in opinion,  the  employment  of outside  of 

(His  or  her.) 
school  hours  will  not  interfere  with standing  in  school. 

(His  or  her.) 

Signature  of  child    

Granted  this day  of ,  19 


(Name  of  officer  graating  certificate.) 


(Title  of  officer.) 

Note. — The  bearer  of  this  certificate  may  only  be  employed  at  selling  news- 
papers, blacking  shoes,  running  errands,  and  other  light  employment  not  other- 
wise prohibited  by  law  for  children  under  sixteen  years  of  age. 


436  BLANKS  AND  FORMS 

Pension  Forms. 

(Form  A70.)       Directions  for  Application  for  Retirement 

There  are  four  classes  of  persons  eligible  for  retirement  under  the 
provisions  of  Chapter  268,  P.  L.  1914. 

A.  Those  who  have  had  a  total  experience  of  not  less  than  thirty- 
five  years,  and  whose  last  twenty-five  years  of  actual  service  have 
been  performed  in  this  State. 

B.  Those  who  have  had  thirty-five  years  of  experience,  have 
reached  the  age  of  seventy  years  and  whose  last  twenty  years  of 
service  have  been  performed  in  this  State. 

C. — Those  who  have  reached  the  age  of  seventy-five  years  and 
who  have  performed  thirty-two  years  of  service  in  this  State. 

D.  Those  who  have  reached  the  age  of  seventy  years,  and  who 
have  served  a  total  period  of  not  less  than  thirty-five  years  in  this 
State  and  who  have  been  heretofore,  or  who  hereafter  shall  be,  re- 
tired or  discharged  by  reason  of  physical  disability. 

DIRECTIONS  FOR  CLASS  A. 

i.  Proof  of  the  States  and  places  in  which  the  applicant  has 
served  and  the  nature  of  the  service  rendered  in  each  place. 

2.  The  term  of  actual  service  in  each  place,  giving  the  date  when 
the  term  of  employment  began,  and  the  date  on  which  it  ended. 

3.  The  salary  received  for  each  of  the  five  years  immediately  pre- 
ceding the  date  of  the  application  for  retirement. 

CLASSES    B.    AND   C. 

In  addition  to  the  proof  required  for  Class  A  applicants  in  these 
classes  must  furnish  proof  of  age. 

CLASS  D. 

In  addition  to  the  proof  required  for  .Class  A  applicants  in  this 
class  must  furnish  proof  of  age  and  the  nature  of  the  physical  dis- 
ability which  was  the  cause  of  retirement  or  discharge. 

All  applications  for  retirement  must  be  verified  by  affidavit,  and 
whenever  possible  the  terms  of  service  shall  be  verified  by  the  sev- 


FOR  SCHOOL  OFFICERS.  437 

eral  boards,  bodies  or  persons  by  whom  the  applicant  was  employed. 
This  verification  may  be  by  affidavit,  or  by  a  certificate  under  seal. 

If  it  is  impossible  to  secure  the  necessary  proofs  from  the  records 
of  the  boards  or  bodies  by  whom  the  applicant  has  been  employed, 
affidavits  by  persons  having  a  knowledge  of  the  facts  may  be  filed. 

All  applications  and  proofs  must  be  filed  by  the  applicant  in  the 
Department  of  Public  Instruction  in  Trenton.  When  the  retire- 
ment is  requested  by  the  board  or  body  by  whom  the  person  sought 
to  be  retired  is  employed,  the  application  must  be  signed  by  such 
board  or  body  and  the  required  proofs  must  be  furnished  by  it. 

The  necessary  blanks  and  forms  can  be  obtained  from  the  Com- 
missioner of  Education. 


(Form  A71.)       Application  for  Retirement  Under  the  Provisions  of  Chapter 

268,  P.  L.   1914 

Date  of  Application 19. .  . 

Name  of  Applicant 

Address 

Where  Employed  

Nature  of  Employment 

Salary  for  twelve  months  ending 19. . .  $ 

"       "  "  "        19...  $ 

"       "  "  "        19...  $ 

19...    $ .  .  , 

it  (I  a  n  a  ,  „  <> 

1  y .  .  .  ip 


Total  salary  for  five  years $ 

The  salary  reported  must  be  for  the  five  years  ending  on  the  date 
of  the  application  and  not  for  the  school  years. 

The  following  is  a  statement  of  the  places  in  which  I  have  been 
employed,  and  the  terms  and  nature  of  the  employment : 

State Place 

Term  of  Employment,  from to 

Nature  of  Employment 

State Place 

Term  of  Employment,  from to 


43S'  BLANKS  AND  FORMS 

Nature  of  Employment 

State Place 

Term  of  Employment,  from to. 

Nature  of  Employment 

State Place 

Term  of  Employment,  from to. 

Nature  of  Employment 

State Place 

Term  of  Employment,  from to. 

Nature   of  Employment 

State  of   New  Jersey, 


County  of f 

being  duly  sworn  on 

oath  saith  that  the  foregoing  statement  is  correct  and 

true  to  the  best  of knowledge  and  belief. 

Sworn  and  subscribed  before  me  this 

day 

of   19.  .  . 


(Form  A73.)      Transportation  Contract 

This  Agreement  entered  into  this  day  between  the  Board  of  Ed- 
ucation of  the of in  the  County  of 

and  State  of  New  Jersey,  party  of  the  first  part,  and 

of  the of in  the 

County  of and  State  of  New  Jersey,  party  of  the 

second  part,  Witnesseth : 

I.  That  the  said  party  of  the  second  part  for  and  in  consideration 

of  the  sum  of dollars  to  be  well  and  truly  paid  to 

him  by  the  party  of  the  first  part  as  is  hereinafter  set  forth,  agrees  to 

transport  such  pupils,  not  to  exceed  in  number, ,  as 

shall  be  designated  by  the  party  of  the  first  part,  living  along  or  ad- 
jacent to  the  route  hereinafter  described,  to  and  from  the  places 
hereinafter  specified  every  day  the  public  school  shall  be  in  session 
from  the  first  day  of  July,  19.  . .  .to  the  thirtieth  day  of  June,  19. . .  . 


FOR  SCHOOL  OFFICERS.  439 

2.  Said    party    of    the    second    part    agrees    to    furnish    a    good 

to  he  approved  by  the  party  of  the  first  part  with 

(Describe  vehicle.) 
sufficient    seating    capacity    to    accommodate,    without    crowding, 

pupils,  unless  such  vehicle  shall  be  provided  by 

the  party  of  the  first  part. 

3.  Said  party  of  the  second  part  agrees  to  provide  all  robes  and 
blankets  necessary  to  keep  the  pupils  comfortably  warm  while  being 
transported. 

4.  The  party  of  the  second  part  agrees  that  the  vehicle,  if  fur- 
nished by  him,  shall  have  a  proper  top,  and  shall  have  curtains  or 
other  means  by  which  the  sides  and  ends  may  be  closed  on  cold  or 
stormy  days,  but  so  arranged  that  he  shall  have  at  all  times  an  un- 
obstructed view  of  the  inside  of  the  vehicle. 

5.  If  a  vehicle,  other  than  an  automobile  is  used,  the  party  of  the 
second  part  agrees  to  furnish  a  good  team  of  horses  to  haul  said 
vehicle,  said  team  to  be  gentle  and  kind  and  not  afraid  of  automo- 
biles or  cars. 

6.  The  party  of  the  second  part  agrees  that  he,  or  the  person  driv- 
ing the  vehicle,  who  shall  be  approved  by  the  party  of  the  first  part, 
shall  absolutely  abstain  from  the  use  of  tobacco  and  intoxicating 
liquors  and  from  the  use  of  profane  or  improper  language ;  to  use 
every  care  and  precaution  for  the  protection  of  the  pupils  while  in 
his  care ;  to  treat  said  pupils  kindly  and  impartially  and  to  report  to 
the  teacher  the  name  of  any  pupil  who  refuses  to  obey  him,  or  who 
shall  be  guilty  of  improper  conduct  or  the  use  of  profane  or  im- 
proper language. 

7.  The  party  of  the  second  part  agrees  to  transport  said  pupils 

over  the  following  route :    Beginning  at thence 

to  the public  school,  returning 

by  the  same  route. 

8.  The  party  of  the  second  part  agrees  to  cause  said  vehicle  to 

arrive  at  said  public  school  not  earlier  than o'clock 

and  not  later  than o'clock  in  the  morning  and  ready 

to  leave  said  school  promptly  at  the  close  of  the  afternoon  session 
on  each  and  every  day  said  school  is  in  session. 

9.  The  party  of  the  second  part  agrees  that  no  persons,  other  than 
said  pupils,  except  teachers  employed  by  the  party  of  the  first  part, 
and  no  freight  whatever,  shall  be  carried  while  the  pupils  are  being 
transported,  and  said  party  further  agrees  that  if  the  vehicle  is  fur- 


440  BLANKS  AND  FORMS 

nished  by  the  party  of  the  first  part,  said  vehicle  shall  not  be  used 
for  any  purpose  other  than  the  transportation  of  said  pupils  and 
teachers,  except  with  the  permission,  in  writing,  of  the  party  of  the 
first  part,  and  under  such  conditions  as  said  party  of  the  first  part 
may  prescribe. 

10.  The  party  of  the  first  part  agrees  that  if  the  party  of  the  sec- 
ond part  shall  well  and  truly  perform  the  service  required  by  this 
agreement  that  it  will  pay  or  cause  to  be  paid  to  the  party  of  the  sec- 
ond part  the  sum  of dollars  in  ten  equal  monthly  in- 
stallments, the  first  installment  to  become  due  and  payable  on  the 
last  day  of  the  month  of 

It  is  understood  and  agreed  by  the  parties  hereto  that  this  agree- 
ment shall  be  without  force  or  effect  until  it  shall  have  been  ap- 
proved by  the  County  Superintendent  of  Schools  of  the  County 
of 

In  Witness  Whereof  the  party  of  the  second  part  has  hereunto 
set  his  hand  and  seal  and  the  party  of  the  first  part  has  caused  the 
same  to  be  signed  by  its  President  and  attested  by  its  District  Clerk, 
and  has  affixed  its  official  seal  this day  of , 

19 

Signed  and  sealed  in  the  presence  of 


(Seal.) 

Contractor. 
(Seal.) 


President,  Board  of  Education  of  the 
of 


County  of, 
Attest : 


District  Clerk. 
Approved  this day  of ,  19. 


County  Superintendent  of  Schools  of 
the  County  of 


FOR  SCHOOL  OFFICERS.  441 

Know  All  Men  by  These  Presents,  That  we, of  the 

of in  the  County  of 

and  State  of  New  Jersey,  as  principal,  and and 

of  the of in  the 

County  of and  State  of  New  Jersey  as  sureties,  are 

holden    and    firmly   bound    unto    the    Board    of    Education    of    the 

of in  the  Count}'  of 

and  State  of  New  Jersey,  in  the  penal  sum  of 

(At  least  half  amount  of  contract) 

to  which  payment,  well  and  truly  to  be  made,  we  do  bind  ourselves, 
our  heirs  and  each  of  our  heirs,  executors,  administrators  and  as- 
signs, jointly  and  severally,  firmly  by  these  presents. 

Sealed  with  our  seals  and  dated  this day  of 

one  thousand,  nine  hundred  and 

Whereas,  the  above  bounden has  this  day  entered 

into  a  contract  with  the  Board  of  Education  of  the 

of for  the  transportation  of  children  between 

and 

Now,  therefore,  the  condition  of  this  obligation  is  such,  that  if 

the  above  bounden shall  faithfully  perform  and  carry 

out  all  the  terms  and  conditions  of  his  said  contract,  then  this  obli- 
gation to  be  void,  otherwise  to  be  and  remain  in  full  force  and  virtue. 
Signed,  sealed  and  delivered  in  the  presence  of : 


(As  to  Contractor). 
(As  to  Bondsman). 
(As  to  Bondsman). 

Bondsman. 
Contractor. 
Bondsman. 


(Seal.) 
(Seal.) 
(Seal.) 


INDEX 


(443) 


INDEX 


SCHOOL  LAWS  AND  RULES  AND  REGULATIONS. 

A. 

PACE. 

Abandonment  of  school  buildings,  sec.  154 78 

Abolishment  of  old  boards  of  education,  sec.  47  26 

Academic  certificates,  see  Qualifying  academic  certificates. 

Academic  counts,  certificates,  rules    2I7 

Academic  vocational  certificate,  rules  59,  68,  69  208,  210,  211 

Accidents  prevention,  instruction  to  be  given,  sec.  445  191 

instruction,  law  to  be  printed,  sec.  448  191 

lectures  on,  by  American  Museum  of  Safety,  sec.  447 191 

text-book  to  be  prepared,  sec.  446  191 

Accommodations  for  school  children,  sec.  152 76 

Accounts,  Inspector  of,  see  Inspector  of  Accounts. 

Admission  of  pupils,  sec.   140,   148   7T>  74 

Advertisements,  building  or  supplies,  method  of,  sec.  59,  60,  431... 28,  29,  186 

kindergarten  supplies  purchased  without,  sec.  59 29 

supplies,  county  vocational  schools,  sec.  337 157 

Affidavits,  Commissioner  of  Education  and  assistant  commissioners  to 

take  without  charge,  sec.  25 17 

County  Superintendent  may  take,  sec.  30,  div.  1 18 

district  clerk  may  take,  sec.  101  51 

required  with  bills,  sec.  101    5° 

supervisor  of  school  exemption  certificates  to  take,  sec.  189.. .  91 

Age  and  schooling  certificate,  cancellation  of,   sec.   193 Q3 

cancellation,  notice  of,  sec.  195  94 

contents  of,  sec.  192  92 

definition,   sec.    184    88 

employer  to  hold,  sec.  195   94 

fees  not  to  be  charged,  sec.  202 g8 

how  granted,  sec.  186 89 

medical  inspection,  sec.  100 92 

papers    to    be    filed    with    Department    of 

Labor,  sec.  193  93 

proficiency  required,  sec.  191 92 

record  of  school  attendance  required,  sec. 

191    92 

(445) 


446  INDEX. 

PAGE. 

Age  and  working  certificate,  cancellation  of,  sec.  193 93 

cancellation,  notice  of,  sec.  195 94 

definition,  sec.  184  89 

fees  not  to  be  charged,  sec.  202 98 

how  granted,  sec.  186 89 

issue  of,  sec.  196  95 

medical  inspection,  sec.  190  92 

papers  to  be  filed  with  Department  of  Labor, 

sec.  193   93 

Ages  of  pupils,  sees.  140,  185,  187 71,  89,  90 

compulsory  proofs  of,  sec.  188  90 

defective  and  delinquent  children,  sec.  352 163 

evening  schools,  sec.    174   86 

kindergartens,  sec.  171   85 

Agricultural  arts  school,  defined,  sec.  322  153 

Agricultural  arts  schools,  see  also  Vocational  schools. 

Agricultural  certificates,  rule  53  205 

Agricultural  college,  appointment  of  students,  sec.  393 174 

appropriation   for,  sec.  402 177 

buildings  and  equipment,  sec.  400 177 

certificates  of  appointment  to,  sec.  395 176 

course  of  study,  sec.  399 177 

number  of  scholarships,  sec.  394 175 

president  to  certify  number  of  students,  sec.  397. .  .  176 

short  courses  must  be  provided,  sec.  398 177 

students,  amount  of  scholarships,  sec.  396 176 

examinations,  sec.  395   175 

on  vacant  scholarships,  sec.  394 175 

selection  of,  sec.  395 175 

subjects  of  instruction,  sec.  399 177 

teachers,  power  to  employ,  sec.  401 177 

Agricultural  education,  defined,  sec.  322c  153 

Agricultural  vocational  certificate,  rules  59,  62,  63 207 

Alcohol,  effects  of,  to  be  taught,  sec.  282 140 

American  Museum  of  Safety,  director  to  assist  in  preparation  of  text- 
book on  accident  prevention,  sec.  446 191 

Annuities,  teachers'  retirement  fund,  amount  of,  sec.  265 127 

how  granted,  sec.  265  127 

suspension  of,  sec.  265   128 

when  paid,  sec.  266  128 

Appeals  from  decisions  of  Commissioner  of  Education  to  State  Board, 

sec.  7,  div.  VI,  rules  1  to  6 II,  13,  15,  228,  229 

decided  by  State  Board  of  Education,  sec.  3,  div.  Ill 8 

hearing  on,  rule  5   229 

how  and  when  taken,  rule  2 228 

rules  of,  copies  to  be  sent  to  appellants,  rule  6 229 

time  and  manner,  sec.  11   13 


INDEX.  447 

PACK. 

Appointment,  assistant  city  superintendents,  sec.  72,  73 33 

assistant  commissioners  of  education,  sec.  7,  div.  II 10 

boards  of  education,  cities,  how  made,  sec.  45 24 

boards  of  education,  county  vocational  schools,  sec.  331...     155 

boards  of  education,  towns  of  over  10,000,  sec.  91 43 

boards  of  education,  townships,   sec.  30,  div.   IV,  45,   rules 

11,  12 19,  24,  220 

boards  of  education,  union-graded  schools,  sec.  159,  160...       80 

boards  of  school  estimate,  sec.  80 35 

business  manager,  sec.  57,  77 28,  34 

city  superintendent  of  schools,  sec.  71 33 

clerks  of  boards  of  education,  sec.  64,  74,  78 30,  33,  34 

Commissioner  of  Education,  sec.  6 10 

county  attendance  officers,  sec.  204 99 

county  superintendents,   sec.   27    17 

custodians  of  school  moneys,  sec.  227 112 

district  clerks,  sec.  102   51 

examiners,  county,  sec.  37  20 

city,  sec.  38   21 

state,  sec.  36  20 

janitors,  sec.  97,  div.  II  and  III 46,  47 

principals,  sec.  97,  div.  II  and  III,  99,  120 46,  47,  50,  63 

principals,  State  Normal  Schools,  sec.  233 114 

secretary  of  board  of  education,  sec.  57,  63 28,  30 

State  Board  of  Children's  Guardians,   sec.  432 187 

State  Board  of  Education,  sec.  1  7 

State  Board  of  Examiners,  sec.  36 20 

students,  Agricultural  College,  sec.  393 175 

superintendent  of  schools,  sec.  57 28 

supervising  principals,  sec.  3,  div.  VIII,  98 9,  49 

teachers,  sec.  58,  75,  97,  div.  II  and  III,  99,  120 28,  33,  46, 

47,  50,  63 

teachers,  State  Normal  Schools,  sec.  233 114 

Apportionment,  assistant  superintendents,  sec.  223,  div.  Ic 108 

assistant  supervisors,  sec.  223,  div.  Ic 108 

attendance,  sec.  223,  div.  II,  rides  1  to  5 109,  222 

balances,  sec.  40,  224 22,  1 10 

blind,  teachers  of,  sec.  223,  div.  lb 108 

city  superintendent,  sec.  223,  div.  la 107 

contagious  diseases,  in  cases  of,  sec.  223,  div.  II 109 

deaf  class  teachers,  sec.  223,  div.  lb 108 

duty  of  state  comptroller,  sec.  321 152 

evening  schools,  sec.  174  86 

high  school  teachers,  sec.  223,  div.  Ic 108 

installments,  sec.  319  151 

manual  training,  rules  5,  6 230 


448  INDEX. 

FACE. 

pupils,  sec.  223,  div.  1 108 

railroad  tax,  sec.  315   148 

railroad  tax,  by  County  Superintendents,  sec.  315 149 

retirement  deduction  from,  sec.  139 70 

school  day  denned  for  purpose,  rule  1 222 

school  fund,  sec.  21,  216,  223 16,  102,  107 

state  appropriation,  to  districts,  sec.  44 24 

state  school  tax,  sec.  218 103 

supervising  principal,  sec.  223,  div.  la 107 

teachers,  all  grades,  sec.  223,  div.  1 108 

transportation  of  pupils,  sec.  223,  Ik 109 

union-graded  schools,  sec.  165  83 

Appropriations,  agricultural  college,  sec.  402  177 

apportionment  to  districts,  sec.  44 24 

blind  students,  to  assist,  sec.  418 182 

colored  industrial  school,  sec.  249,  317 119,  150 

county  vocational  schools,  sec.  342 160 

for  buildings,  sec.  341 159 

from  railroad  tax,  sec.  344...  161 

to  be  determined,  sec.  340...  158 

deductions  to  be  made  by  state  comptroller,  sec.  317. .. .  150 

evening  schools,  special,  sec.  177 87 

industrial  school  buildings,  sec.  277  J69 

industrial  schools,  equal  to  local,  sec.  370 167 

insurance,  sec.  409   179 

interest  of  surplus  revenue,  sec.  280 139 

manual  training,  sec.  251   119 

balances,  rule  1   229 

New  Jersey  School  for  the  Deaf,  sec.  317 150 

penalty  for  disbursements  in  excess  of,  sec.  429 185 

Rutgers  scholarships,  sec.  317  150 

school  fund,  sec.  210  100 

school  libraries,  sec.  254  121 

additional,  sec.  257   121 

schools  for  dependent  children,  sec.  358 165 

buildings     and     repairs, 

sec.  359   165 

State,  apportionment  to  districts,  sec.  44 24 

State,  comptroller's  warrant  to  county  collector,  sec.  221  106 

State  Federation  of  District  Boards,  sec.  369 166 

State  funds,  must  be  specifically  made,  sec.  292 142 

State  Normal    Schools,    deducted    from    school    fund, 

sec.   317    ISO 

State  Prison  School,  sec.  386 172 

summer  schools  for  teachers,  from  railroad  tax,  sec.  350  162 

teachers'  libraries,  sec.  259   122 


INDEX.  449 

PAGE. 

teachers'  retirement  fund,  sec.  273  132 

time  of  payment  by  comptroller,  sec.  318 151 

township  school  districts,  sec.  84,  85,  86,  304 39,  40,  145 

validation  and  ratification  of  all,  sec.  304 145 

vocational  schools,  how  made,  sec.  327 154 

paid  to  custodian  of  school  moneys, 

sec.  328   155 

Approval  of  secondary  schools  may  he  withheld,  sec.  3,  div.  IX 9 

Arbor  day,  celebration  of,  sec.  284,  285,  286 140 

Commissioner  of  Education  to  prepare  circulars,  sec.  284. . .  140 

designation  of  day,  sec.  285  140 

Armories,  use  of,  by  school  children,  sec.  305  146 

"Article,"  word  defined  as  used  in  school  law,  sec.  293 142 

Article  VI,  referendum  to  towns,  townships  and  boroughs,  sec.  295 143 

Article  VII,  referendum  to  cities,  sec.  296 143 

Assistant  Commissioners  of  Education,  appointed   by   Commissioner   of 

Education,  sec.  7,  div.   II....  10 

one  to  be  designated  to  hear  all  controversies,  sec.  7,  div.  VI.  11 
Supervisor  of  Elementary  Education,  one  so  designated,  sec. 

7,  div.  IV  n 

Supervisor  of  Industrial   Education,   one  so  designated,   sec. 

7,  div.  V  n 

Supervisor  of  Secondary  Education,  one  so  designated,  sec. 

7,  div.  Ill   10 

Assistant  superintendents,  apportionment  for,  sec.  223,  div.  Ic 108 

city  boards  of  education  may  appoint,  sec.  72,  73 33 

removal,  sec.  "]2   -x,^ 

suspension,   sec.  .76    34 

teacher's  certificate,  must  have,  sec.  jt>  33 

see  also  City  assistant  superintendent. 

Assistant  supervisors,  apportionment  for,  sec.  223,  div.  Ic 108 

Attendance,  rules  1  to  5  222 

apportionment  based  on,  sec.  223,  div.  II 109 

apportionment  for,  rules  1   to  5   222 

quarantine,  in  case  of,  rule  4 222 

rainy  day  sessions,  rule  5   222 

register,  rules  1  to  5   222 

report,  teachers  to  file,  rule  1  221 

see  also  Compulsory  attendance. 

Attendance  officers,   sec.  200   97 

duties  of,  sec.  201 97 

power  to  arrest,  sec.  201    08 

Attendance  officers,  county,  see  County  attendance  officer. 

Attorney-General,  trustees  of  school  fund,  member  of,  sec.  206 100 

Audit  of  accounts  in  cities,  sec.  67,  68,  69 31 


45o  INDEX. 

PACE. 

Auditoriums  in  school-houses,  rules  235 

B. 

Balances,  apportionment  of,  sec.  40,  224 22,  1 10 

custodian  to  pay  county  collector,  sec.  224 no 

to  turn  over  to  successor,  sec.  225 1 1 1 

manual  training  funds,  rule  1   229 

report  of,  sec.  224 1 10 

Baptism,  certificate  of,  as  proof  of  pupil's  age,  sec.  188 90 

Basements  of  school-houses,  when  considered  stories,  rules 235 

Bequests,  teachers'  retirement  fund,  sec.  267,  div.  II 129 

Bible,  reading  of,  in  schools,  sec.  128 66 

Bids  for  buildings  and  repairs,  sec.  59,  60,  431 28,  29,  186 

Birth  certificate  as  proof  of  pupil's  age,  sec.  188 90 

Blackboards,    suggestions   for   placing,   rules    234 

Blind,  admission  to  institutions  of  higher  education,  sec.  417 182 

appropriations  to  assist,  sec.  418   182 

classes,  certificates,   rule   56    206 

institutions  to  report  on  progress  of  blind  students,  sec.  421.  .....  183 

special  classes  for,  sec.  150 75 

teachers'  apportionment,  sec.  223,  div.  lb  108 

tuition,  how  paid,  sec.  420  182 

tuition  only  in  schools  of  New  Jersey,  sec.  419 182 

Board  of   Chosen   Freeholders,   to   provide   office   for   County    Superin- 
tendents,   sec.   34    19 

to  pay  clerk  of  County  Superintendent,  sec.  35 20 

Boarding  halls,  State  Normal  Schools,  purchases,  how  made,  sec.  239..  116 

receipts  held  in  trust,  sec.  238 115 

Boards  of  Education,  epidemics,  may  close  schools  on  account,  sec.  147..  74 

executions  against,  sec.  285   141 

kindergartens,  may  establish,  sec.  171 85 

oath  of  office,  sec.  49,  96  26,  45 

oaths,  power  to  administer,   sec.   131    68 

penalty  for  exclusion  of  pupils,  sec.  149 75 

penalty  for  violation  of  law,  sec.  19 15 

power  to  reduce  number  of  teachers,  sec.  132 68 

secretary,  accountant  of,  sec.  67   31 

supplies,  to  furnish,  sec.  181   88 

teachers'  retirement  fund  membership,  to  ascertain,  sec.  271..  132 

union-graded  schools,  sec.  159  to  170 80  to  85 

see  also,  Cities,   Townships,  Union-graded  and  Union-voca- 
tional schools. 


INDEX.  451 

PAGE. 

Boards  of  School  Estimate,  appointment  of,  sec.  8o 35 

county  vocational  schools,  sec.  338 158 

appropriation       for 

buildings,  sec.  341  159 
appropriation,  to  de- 
termine, sec.  340.  158 

organization  of,  sec.  80 35 

powers  of,  sec.  81  to  83 36,  37 

ratification  of  all  acts  of,  sec.  303 145 

secretary  of,  sec.  80   36 

township,   sec.  85    39 

vacancy,   sec.  80   35 

Boards  of  Examiners,  Commissioner    of     Education     ex-officio    member, 

sec.  14   13 

Boards  of  Examiners,  see  also  City,  County  and  State  Board  of  Examiners. 

Boards  of  Health,  notice  of  epidemics,  sec.  147 74 

Bond,  auditor  in  cities,  sec.  69   31 

business  manager,  sec.  77   34 

custodian  of  school  moneys,  sec.  163,  227 81,  112 

district  clerk,  sec.   102   51 

Secretary  of  board  of  education,  sec.  63   30 

Bonds,  city  school  districts,  amount  of,   sec.  83 37 

coupon  or  registered,  sec.  83   37 

interest  on,  sec.  83   37 

issue,  how  ordered,  sec.  83   37 

limit  of  total,  sec.  83  38 

sinking  fund  for,  sec.  83   38 

consolidated  districts,   sec.   119   62 

county  vocational  schools,  for  buildings,  sec.  341 159 

coupon  or  registered,  may  be,  sec.  299  144 

coupon  to  be  changed  to  registered,  sec.  217 103 

industrial  schools,  cities  of  second  class  may  issue,  sec.  379 170 

cities  of  second  class,  sinking  fund  for,  sec.  379 170 

registered  or  coupon,  may  be,  sec.  299  144 

school  districts  may  sell  to  Trustees  for  the  support  of  Public 

Schools,  sec.  300   144 

method   of   sale,   sec.   301    145 

sinking  fund,  who  shall  be  custodian,  sec.  229 113 

teachers'  retirement  fund,  sec.  263   124 

township,  town  or  borough  school  districts,  approval  of  Attorney 

General  required,  sec.  no  58 

assessed  against  property  owners,  sec.  in  58 

ballot   for,   sec.   108   55 

cancellation  of,  sec.  112  58 

coupon  or  registered,  sec.  108 56 

coupons,   sec.   109    57 


452  INDEX. 

PAGE. 

interest  rate,  sec.  109   57 

issue,  how  ordered,  sec.  108  55 

issue  to  redeem  notes,  sec.  114  59 

lien  upon  real  estate,  sec.   no  57 

register  to  be  kept,  sec.  108,  109 56,  57 

renewal  of,  sec.  109  57 

sale,  public  or  private,  sec.   108  56 

union-graded  schools,  sec.  168,  169,  170 83,  84,  85 

Bookkeeping  certificates,  rule  46 204 

Bookkeeping  system,  uniform,  to  be  prescribed  for  all  school  districts, 

sec.  3,  div.  VII  y 

Bordentown    School,   see    Manual    Training   and    Industrial    School    for 

Colored  Youth. 

Borough,  boards  of  education,  in  certain  cases  how  appointed,  sec.  45. ..  24 

term  of  office,  sec.  45    25 

vacancy,  how  filled,  sec.  45  25 

Boroughs,  see  also  Townships,  towns  and  boroughs. 

Boundaries  of  school  districts,  sec.  39   22 

Bribery,  penalty  for,  sec.  426   184 

in  connection  with  printing,  sec.  428 185 

Building  Inspector,  see  Inspector  of  Buildings. 

Buildings,  abandonment  of,  sec.   154   78 

advertisements,  manner  of,  sec.  59,  60,  431 28,  29,  186 

approval  of,  sec.   155    78 

auditoriums,  rules   235 

basement,  when  considered  a  story,  rules 235 

blackboards,  placing  of,  rules  234 

business  manager  to  supervise,  sec.  78,  79 34.  35 

ceilings,  height  of,  rules   : 237 

chimneys,  rules  237 

cloakrooms,  rules  239 

condemnation  of,  sec.  152  76 

contracts  for,  sec.  59,  60,  155 28,  29,  78 

corridor   walls   and   floors,    rules 237 

county  vocational  school  repairs,  sec.  2>2>7 T5^ 

doors  to  open  outward,  sec.  T56,  and  rules 78,  239 

erection     and     alteration     of,     rules     to     be    complied     with, 

rules   232  to  241 

fire  escapes,  construction  of,  rules   240 

floor  beams,  schedule  of,  rules  235 

heating,   rules    233 

industrial  schools,  control  of,  sec.  373 168 

inside  toilets  must  be  provided,  rules 239 

insurance,  how  to  be  used,  sec.   157 78 

light  in,  rules   232 

living  apartments  not  permitted,  rules  241 


INDEX.  453 

PAGE. 

manual  training  rooms  in,  rules   237 

out-houses,  sec.  153,  and  rules  77,  240 

penalty  for  failure  to  provide,  sec.  152 76 

penalty  for  injuring,  sec.  425  184 

plans  and  specifications,  standard,  sec.  154 77 

sanitary  condition  of,  examination,  rule  8 228 

seat  locations  to  show  on  blue  prints,  rules 241 

staircases,  construction  of,  rules  238 

terra  cotta  tile  walls,  rules 235,  236,  237 

three-story  or  higher,  to  be  of  fire-proof  construction,  rules. .  234 

two-story,  walls  of,  rules 234 

unused  and  transferred,  power  to  remodel,  sec.  392 174 

unused,  township  boards  may  transfer  to  townships,  sec.  391.  .  174 

use  of,  for  meetings,  sec.  97,  div.  XI  48 

ventilation,   rules 233 

waste  paper  chutes,  rules   241 

water-closets,  sec.   153   77 

windows,  arrangement  of,  rules  232 

Business  manager,  appointment  of,  sec.  57,  77  28,  34 

bond  of,  sec.  77   34 

buildings,  to  supervise,  sec.  78 34 

clerks,  may  appoint,  sec.  78  34 

construction  and  repairs,  to  supervise,  sec.  79 35 

duties  of,  sec.  78  to  80 34,  35 

removal  of,  sec.  77  34 

salary  of,  sec.  77  34 

term  of  office,  sec.  57  28 

By-laws,  city  boards  of  education,  to  adopt,  sec.  58 28 

State  Board  of  Education,  to  adopt,  sec.  3,  div.  1 8 

township  boards  of  education,  sec.  97,  div.  Ill 46 


Ceilings,  height  of,  in  school-houses,  rules  237 

Census  of  school  children  to  be  taken,  sec.  290 142 

Certificates,  academic   counts,    rules    217 

academic  vocational,  rules  59,  68,  69 208,  210,  211 

agricultural  limited,  rule  53   205 

agricultural  vocational,  rule  59,  62,  63 207,  209 

application  for,  rules  2  to  5   195-196 

approved  high  school  work,  rating  for,  rules 217 

blind  classes,  rule  56  206 

bookkeeping,   rule  46    204 

city,  issued  by  city  Boards  of  Examiners,  rule  7 196 

city,  normal  school,  valid  only  in  city  where  issued,  rule  7. .     196 


454  INDEX. 

PAGE. 

city  requirements  for,  sec.  38   21 

college  diploma  accepted,  rule  17   198 

college  records,  rule  17  198 

cooking,  rule  44  204 

count}',  accepted  in  place  of  examination,  rule  17 198 

county,  granting  of,  by  County  Board  of  Examiners,  sec.  37       20 

county  superintendent  must  hold,  rule  35 203 

credits  accepted  toward,  rule  17   198 

deaf  classes,  rule  57   207 

.  defective  classes,  rule  58  207 

drawing,  rule  42  204 

elementary,   requirements  for,  rules  20  to  24 199 

elementary  schools,   rule  11    197 

elocution,   rule  52    205 

evening  school,  rule  54   205 

examinations,  rule  18  198 

conduct  of,  rules  79  to  81    213,  214 

order  of,  rules   2l5 

plan  of,  rules  77  to  91 213,  214,  215 

when  and  where  held,  rule  16 197 

first  grade  state,  equal  to  permanent  supervisor's,  rule  36..  .     203 

foreign-born  evening  school,  rule  55   206 

household  arts  vocational,  rules  59,  64,  65 207,  208 

industrial  arts,  rule  5  217 

industrial  vocational,  rules  59  to  61    207,  208 

kindergarten,  sec.  172,  rules  10,  41   85,  197,  204 

language,  rule  50  205 

limited  elementary,  requirements  for,  rules  20  to  24 199 

limited  secondary,  rules  26  to  29 201,  202 

limited  supervisors,  rules  31  to  34 202 

manual  training,  rule  43   204 

music,  rule  49  205 

normal  school,  rules  1  to  11    217,  218 

qualify  for  teaching,  sec.  38 21 

valid  only  in  city  where  issued,  rule  7 196 

normal  school  diplomas  endorsed,  rule  17 197 

penalty  for  not  holding,  sec.  132 68 

penmanship,   rule  48   204 

permanent  elementary,  rule  25   200 

permanent  secondary,  rule  30   201 

permanent  supervisor's,   rules  31   to  34   202 

physical  training,  rule  51    205 

principals  must  hold,  rule  1,  35   195.  203 

provisional,  rules  72  to  76,  87 211  to  214 

qualifying  academic,  application  for,  sec.  414 181 

defined,  sec.  413   181 


INDEX.  455 

PAGE. 

renewal  of,  rule  6  196 

revocation  of,  rule  9   196 

secondary,   requirements  for,   rule  26   200 

secondary  schools,   rule   12   197 

sewing,  rule  45   204 

special  limited,  how  made  permanent,  rule  39 203 

subjects  allowed  to  be  taught,  rule  37 203 

special,  qualifications  for,  rule  41  to  58 204  to  207 

State,  by  endorsement,  rule  17  197 

classification  of,  rule  8  196 

examinations,  rule  18   198 

granted  in  another  state,  endorsed,  rule  17 198 

granting  by  State  Board  of  Examiners,  sec.  36 20 

issued  by  State  Boards  of  Examiners,  rule  7 196 

State  requirement  in  physiology,  sec.  283 140 

stenography  and  typewriting,  rule  47   204 

summer  school  records,  rule  17  198 

supervisors  must  hold,  ride  1,  31  to  34 195,  202 

supervisor's  vocational,  rules  59,  70,  71 208,  211 

teachers  must  hold,  sec.  120,  127,  rule  1 63,  66,  195 

rules  for    195  to  218 

State  Board  of  Education  to  grant,  sec.  3,  div.  IV. .         8 

suspension  of,   sec.    122   65 

manual  training,  must  hold,  rule  4 230 

technical  school  records,  ride  17,  If  198 

technical  vocational,  rules  59,  66,  67  207,  210 

university  records,  rule  17   198 

vocational  schools,  rules   13,  59  to  71 197,  207  to  211 

Children,  enumeration  to  be  made,  sec.  290 142 

Children's   Guardians,    State   Board    of,   see    State    Board   of   Children's 
Guardians. 

Chimneys  in   school-houses,   rules    237 

Cities,  appropriations  validated,  sec.  304  145 

article  VII,  may  adopt,  sec.  295  143 

boards  of  education,  abolishment  of  former  board,  sec.  47 26 

accident  prevention  instruction,  to  print  law,  sec.  448....  191 
advertisement  for  buildings  or  supplies,  method  of,  sec.  431  186 
appropriation    for    State    Federation    of   District    Boards, 

sec.  369   166 

appointment,  sec.  45   24 

assistant   superintendents,   may  appoint,   sec.   72,  73 33 

must  have  teacher's  certificate, 

sec   73    33 

removal,    sec.    72    33 

suspension  of,  sec.  76 34 

attendance  officers,  sec.  200   97 

audit  of  accounts,  sec.  67,  68,  69 31 

bids  for  buildings  and  repairs,  sec.  59,  bo 28,  29 


456  INDEX. 

PAGE. 

bonds,  may  sell  to  Trustees  for  the  support  of  public  schools, 

sec.  300   144 

borrow  in  anticipation  of  tax,  sec.  62  30 

building  contracts,  sec.  59,  60 28,  29 

buildings  under  supervision  of  business  manager,  sec.  78,  79 34 

business  manager,  appointment,  sec.  57,  77  28,  34 

bond  of,  sec.  yj  34 

duties  of,  sec.  78  to  80 34.  35 

removal  of,  sec.  77  34 

salary  of,  sec.  77 34 

supervise  all  construction  and  repairs,  sec.  79.  .       34 

by-laws,   sec.   58   28 

census  of  school  children,  may  take,  sec.  290 142 

certificates  of  appointment,  sec.  45  26 

clerks,  how  appointed,  sec.  64,  74,  78 30,  33,  34 

compensation  not  allowed,  sec.  51   27 

continuance  in  office,  sec.  294  142 

contracts,  advertisement  for.  sec.  59,  60 28,  29 

buildings  and  repairs,  sec.  60  29 

not  to  be  interested  in,  sec.  48,  430 26,  185 

corporate  name,  sec  52  27 

county  superintendents  to  meet,  rule  6 219 

course  of  study,  sec.  75   33 

delegates  to  State  Federation  of  District  Boards,  sec.  365 166 

dependent  children,  schools  for,  may  establish,  sec.  351 163 

disbursements,  how  made,  sec.  69 31 

evening  schools,  may  establish,  sec.  174 86 

report,  sec.  178 87 

executions  against,  sec.  289  141 

flags  for  school  houses,  sec.  279 139 

incorporation  of,  sec.  52   27 

insurance,  sec.  57  28 

janitors,  may  make  rules  governing,  sec.  313  148 

removal  of,  must  have  hearing,  sec.  314 148 

kindergartens,  may  establish,  sec.  171  85 

kindergarten  supplies,  purchase,  sec.  59   29 

lectures  free,  sec.  405    178 

may  provide,  sec.  403    178 

may  provide  apparatus,  etc.,  sec.  404 178 

liability  for  injury  to  employees,  sec.  411   180 

payments,  how  made,   sec.  412   180 

medical  inspection,  rules  1  to  7 225,  226 

medical  inspectors,  must  employ,  sec.  278  138 

rules    1    to    10    226  to  228 

oath  of  office,  sec.  49  26 

organization,  sec.  46,  53   26,  27 


INDEX.  457 

PAGE. 

penalty  for  disbursements  in  excess  of  appropriation,  sec.  429 185 

improper  use  of  school  moneys,  sec.  277 138 

interest  in  sale  of  text-books,  etc.,  sec.  183 88 

non-attendance  at  meetings,  sec.  50 2.7 

powers  of,  sec.  54  to  83 27-38 

president,  sec.  53   27 

principals,  suspension  of,  sec.  76  34 

property  of  preceding  board,  sec.  55  27 

property,  title  to,  sec.  54,  56   27,  28 

pupils,  transportation,  sec.  141,  223  72,  107 

qualifications  of,  sec.  48 26 

ratification  of  all  acts  of,  sec.  303 145 

removal  of  member,  sec.  50 27 

repairs,  may  order,  sec.  59  29 

report  of,  sec.  61   30 

residence  of  members,  sec.  306 146 

retirement  fund,  to  ascertain  membership,  sec.  271 132 

school  supplies,  sec.  181   88 

school  term  determined,  sec.  75 33 

seal,  to  adopt,  sec.  52  27 

secretary,  sec.  57 28 

appointment,  sec.  63   30 

bond  of,  sec.  63 30 

clerks,  may  appoint,  sec.  64  30 

duties  of,  sec.  65-67 30,  31 

general  accountant,  sec.  67 31 

removal  of,  sec.  63 30 

report  monthly,  sec.  66,  70 31,  32 

salary,  sec.  63 30 

Superintendent,  see  below. 

supplies  advertised  for,  sec.  59 28 

teachers,  appointment  of,  sec.  75  „ 33 

removal  of,  sec.  75 ^ 

retirement  fund  membership,  to  ascertain,  sec.  271 132 

rules  for  employment  of,  to  make,  rule  91 215 

salaries,  deduction  for  retirement  fund,  sec.  267 129 

suspension  of,  sec.  76 34 

to  certify  number  to  county  superintendent,  sec.  223.  ..  .  107 

to  employ  and  discharge,  sec.  58  28 

transfer  of,  sec.  75,  99  33,  50 

terms  of  office,  sec.  45  25 

text-books,  sec.  181   88 

purchase,  sec.  59   29 

selection  of,  sec.  75  ^3 

tuition   fees,  sec.  66   30 

reports  of,  rules  231 


458  INDEX. 

PAGE. 

union  vocational  schools,  sec.  325  154 

vacancy,  how  tilled,  sec.  45,  50 25,  27 

vice-president,  sec.  53  27 

vocational  schools,  may  establish,  sec.  325 154 

warrants,  how  issued,  sec.  69 31 

witnesses,- may  subpoena,  sec.  131  67 

boards  of  examiners,  appointment  of,  sec.  38 21 

certificates,  may  issue,  rule  7 196 

city  superintendent  a  member,  sec.  38 21 

boards  of  school  estimate,  appointment,  sec.  80 35 

organization  of,  sec.  8o 35 

powers  of,  sec.  81  to  83 36,  37 

secretary  of,  sec.  80 36 

vacancy,  sec.  80  35 

bonds,  method  of  sale,  sec.  301    145 

bonds  for  school  houses,  sec.  83  37 

borrow  in  anticipation  of  taxes,  sec.  320 152 

certificates,  rules  1,  7   195,196 

requirements  for,  sec.  38  21 

normal  school  valid  only  in  city  where  issued,  rule  7.  196 

civil  service  law  applies  to  school  districts,  sec.  310 147 

deputy  treasurer,  may  sign  teachers'  salary  checks,  sec.  226 in 

flag  day,  observance  of,  sec.  288 141 

holidays,   exercises  preceding,   sec.   287    141 

industrial  schools,  local  subscription  or  appropriation,  sec.  370.  . .  167 

taxation  for,  sec.  372 168 

insurance  in  municipal  insurance  fund,  sec.  406 178 

rates  of,  insurance  fund  commissioners,  sec.  407 179 

land,  may  transfer  for  park  purposes,  sec.  388,  389 173 

mayor,  trustee  of  industrial  school,  sec.  373  168 

normal  school  certificates  qualify  for  teaching,  sec.  38 21 

normal    school   may   be   accepted   by    State   Board   of   Education, 

sec.  240   116 

officers,  penalty  for  bribery  in  connection  with  printing,  sec.  428.  185 

penalty  for  bribery  of,  sec.  426 184 

principals  must  hold  certificates,  rule  1 195 

referendum  of  Article  VII  to  voters,  sec.  296  143 

referendum  on  teachers'  salary  schedule,  sec.  275,  276 137,  138 

school  districts,  each  city  to  constitute,  sec.  39 22 

to  be  governed  by  State  school  law,  sec.  298 144 

school  libraries,  additional  appropriations,  sec.  257 121 

school  property,  may  be  transferred  to,  for  nominal  sum,  sec.  390  173 

school  year,  section  291   142 

second   class,   bonds,    may    issue    for   industrial    school    building, 

sec.  379   - 170 


INDEX.  459 

PAGE. 

superintendent  of  schools,  appointment,  sec.  57,  71 28,  33 

apportionment  for,  sec.  223,  div.  la.  ..  .  107 

arbor  day,  to  prepare  exercises,  sec.  286  140 

certificates,  provisional,  issue  of,  rule  87  214 

certificates,  to  report,  rule  88 215 

clerks,  may  appoint',  sec.  74 33 

Commissioner  of  Education  to  instruct, 

sec.   14  13 

continuance  in  office,  sec.  294 142 

meetings,  yearly,  sec.  7,  div.  X 12 

member    City    Board    of     Examiners, 

sec.  38   21 

removal,  sec.  71    33 

report    annually    to    Commissioner    of 

Education,  sec.  74   33 

rights  in  board  meetings,  sec.  71 33 

salary,  sec.  71  33 

supervisor's  certificate,  must  hold,  rule 

35 203 

teacher's  certificate,  must  hold,  sec.  73.  33 
teachers,  employment,  to  keep   record, 

rule  89  215 

may  suspend,  sec.  76 34 

supervisors  must  hold  certificates,  rule  1,  31  to  34 195,  202 

teachers  must  hold  certificates,  rule  1 195 

teachers'  qualifications,  sec.  38 21 

teachers'  salary  checks,  who  may  sign,  sec.  226 ill 

truant  officers,  tenure  of  office,  sec.  311,  312 147 

Civil  service  law  applies  to  school  districts,  sec.  310 147 

Classroom,  definition  of,  rules 232 

Clerks,  Boards  of  Education,  sec.  64,  74,  78 30,  33,  34 

business  manager  may  appoint,  sec.  78 34 

City  superintendent  may  appoint,  sec.  74 33 

Commissioner   of    Education   to    employ    and    fix    compensation, 

sec.  13  13 

County  Superintendent  may  appoint,  sec.  35   20 

secretary  of  board  of  education  may  appoint,  sec.  64 30 

Cloakrooms  in  school-houses,  rules  239 

College  diplomas  accepted  in  place  of  examination,  rule  17 198 

Color,  pupils  not  to  be  excluded  on  account  of,  sec.  149 75 

Colored   industrial  school,  sec   Manual   Training  and   Industrial   School 

for  Colored  Youth. 
Colored    Youth,   Manual    Training  and    Industrial    School,   see   Manual 

Training  and  Industrial  School  for  Colored  Youth. 

Commissioner  of  Charities,  building  plans,  to  prepare,  sec.  154 77 


460  INDEX. 

PAGE. 

Commissioner  of  Education,  accident  prevention,  to  prepare  text-book  on, 

sec.  446   191 

affidavits,  to  take  without  charge,  sec.  25.  .. .       17 
appeals    from    decisions    decided    by    State 
Board    of    Education,    sec.    3,    div.     Ill, 

sec.  15   8, 13 

appointment  by  Governor,  sec.  6 10 

appropriation    deducted    from    school    fund, 

sec.  317 150 

arbor  day,  prepare  circulars  for,  sec.  284..  ..     140 
assistant    commissioners    of    education,    to 

appoint,  sec.  7,  div.  II   10 

attendance    of    members    or    employees    of 
Boards  of  Education  compulsory,   sec.   3, 

div.   XI    9 

blind  students,  sec.  417 182 

buildings,  abandonment,  may  direct,  sec.  154       78 

city  superintendents,  to  instruct,  sec.  14 13 

to       report       annually, 

sec.  74  33 

clerks,    may    employ    and    fix   compensation, 

sec.   13   13 

continuance  in  office,  sec.  294 142 

controversies,  to  decide,  sec.  15 13 

assistant    commissioner   to    be 
designated   to    hear,    sec.   7, 

div.  VI  11 

county  attendance  officer,  power  to  appoint, 

sec.  204   99 

county  collector  to  withhold  funds  from  a 

school  district,  sec.  7,  div.  XI 12 

county  superintendents,  to  appoint,  sec.  27..       17 

to  instruct,  sec.  14. .       13 
to    report    annually 

to,  sec.  31 19 

vacancy,  to  fill,  sec. 

17   14 

county  vocational  schools,  to  approve  loca- 
tion, etc.,  sec.  330 155 

course   of    study    for    elementary   and   high 

schools,  to  prescribe,  sec.  7,  div.  VIII....  12 

courses  of  study,  to  approve,  rule  7 219 

decisions  to  be  kept,  sec.  16 14 

appeals  from,  rules  1  to  6 228,  229 

County  superintendents  must  have 

obeyed,  rule  3 219 


INDEX.  461 

PAGE. 

diplomas,  blank,  to  furnish,  rule  9 219 

efficiency  of  all  public  schools,  to  ascertain, 

sec.  7,  div.  VII  11 

examinations  for  elementary  schools,  to  pre- 
scribe, sec.  7,  div.  VII   11 

ex-officio  member  of  all  Boards  of  Exam- 
iners, sec.  14  13 

forms  for  reports,  to  prepare,  sec.  23 16 

medical  inspection  blanks,  to  furnish,  rule  5.  226 

office  to  be  provided,  sec.  12 13 

penalty,    for    violation    of    law,    may    remit, 

sec.  44   24 

qualifying    academic    certificates    fund,    sec. 

415,  416   181 

record  of  official  acts,  to  keep,  sec.  16 14 

report  annually  to   State   Board  of   Educa- 
tion, sec.  24  16 

report   monthly   to    State   Board    of    Educa- 
tion, sec.  7,  div.  XII  12 

reserve  fund,  State  school  tax,  sec.  220 105 

residence,  sec.  6  (io 

retirement    applications    of    teachers,    must 

consider,  sec.   134  69 

retirement,  to  certify  annual  amount,  sec.  138  70 

salary,  sec.  6   10 

salary  of  teacher  withheld,  sec.  20 15 

school  laws,  to  print,  sec.  23 16 

seal  to  be  adopted,  sec.  16 14 

Secretary    of    State    Board    of    Education. 

sec.    14    13 

clerk,  to  be  designated  to  act  as, 

sec.  7,  div.  1 10 

State  Board  of  Education  rules,  to  enforce, 

sec.   14   13 

State     Board    of     Examiners,     member    of, 

sec.  36   20 

State  school  fund  to  be  apportioned,  sec.  .21  16 

State  school  moneys  withheld,  sec.   19 15 

sub-normal  children,  to  prescribe  method  to 

ascertain,   sec.   7,  div.   IX 12 

successor  to  receive  all  records,  sec.  26 17 

supervision    of    all    schools    receiving    State 

money,  sec.  14 13 

teachers'  institutes,  to  arrange,  rule  1 220 

to  secure  lecturers  for,  sec.  281 .  . .  139 

teachers'  retirement  fund,  trustee  of,  sec.  261  122 


462  INDEX. 

PAGE. 

term  of  office,  sec.  6 10 

trustee  of  the  School  Fund,  sec.  8 12 

vocational  education,  to  investigate  necessity 

for,  sec.  323  153 

vocational  schools,  may  establish,  sec.  323...     153 
course    of    study,    to    ap- 
prove, sec.  326 154 

Comptroller,  see  State  Comptroller. 

Compulsory  attendance,  ages,  sec.   185,  187,   188 89,  90 

Compulsory  education,  sec.  184  to  205  88  to  99 

attendance  officers,  sec.  200   97 

delinquents  to  court,  sec.  201 98 

fees  for  services  in  enforcing,  sec.  203 98 

medical  inspector's  certificates,  sec.  190 92 

parents    and    guardians,    penalty    for    failure    to 

comply  with,  sec.  198,  199 96,  97 

procedure    against,    sec. 

198   97 

penalty  for  false  evidence,  sec.  189 91 

penalty  for  not  attending  school,  sec.  197 95 

Condemnation  of  land,  sec.  97,  div.  V,  164,  div.  II,  335,  div.  II 47,  81,  156 

school  buildings,  sec.  152 76 

Consolidation  of  school  libraries,  sec.  256 121 

Consolidation  of  township  school  districts,  sec.  115  to  119 59  to  62 

Constitution,  extract  concerning  free  public  schools 5 

Contagious  diseases,  apportionment  in  cases  of,  sec.  223,  div.  II 109 

common  drinking  cup  prohibited,  sec.  308 146 

pupils  exposed  to,  may  be  excluded,  sec.  145,  ride  6.73,  227 

pupils,  how  readmitted,  rule  6  226 

teachers  exposed  to,  may  be  excluded,  sec.  145 73 

Continuation  class,  defined,  sec.  322b   153 

Contracts,  building,   sec.  59,  60   28,  29 

building,  approval  of,  sec.  155  78 

buildings  or  supplies,  boards  of  education  members  not  to  be 

interested  in,  sec.  _|8,  94,  430 26,  45,  185 

city  boards  of  education,  advertisement  for,  sec.  59,  60 28,  29 

county  vocational  schools,  sec.  336 157 

members  of  boards  of  education,  not  to  be  interested  in,  sec. 

48,  430   26,  185 

New  Jersey  School  for  the  Deaf,  supplies,  sec.  244 117 

teachers,  sec.   120,   124   63,  65 

district  clerk  to  report,  rule  90 215 

township,  sec.   100  50 

Controversies  to  be  decided  by  Commissioner  of  Education,  subject  to 

appeal,  sec.  15  13 


INDEX.  463 

PAGE, 
heard  by  an  Assistant  Commissioner  of  Education, 

sec.  7,  div.  VI  11 

Conventions,  teachers'  retirement  fund,  sec.  2(>2   123 

Conveyance  of  school  property  to  municipality  for  nominal  sum,  sec.  390  173 

Cooking  certificates,  rule  -14  204 

Corporal  punishment  prohibited,  sec.  126 66 

Corridor  walls  and  floors  in  schoolhouses,  rules   237 

County  attendance  officer,  appointment  of,  sec.  204 99 

expenses,  how  provided,  sec.  205 99 

term  of  office,  sec.  204 99 

County  Board  of  Examiners,  appointment  of,  sec.  37 20 

compensation,    sec.   37    20, 21 

county  superintendent  a  member,  sec.  37.  .  20 
County    board    of    freeholders,    appropriations     for    county    vocational 

schools,  sec.  341    159 

County  certificates  accepted  in  place  of  examination,  sec.  37 20 

granting  of,  by  county  board  of  examiners,  rule  17.  .  19S 

County  collector,  balances  of  school  moneys  paid  to,  sec.  224 no 

custodian  of  school  moneys,  may  be,  sec.  227 112 

State  school  tax,  payment  by,  sec.  219 104 

payment  to,  sec.  220,  221,  222 106 

withhold  funds  from  a  school  district,  sec.  7,  div.  XL.  12 

County  officers,  penalty  for  bribery  of,  sec.  426 184 

penalty  for  bribery  in  connection  with  printing,  sec.  428  185 

County  Superintendents,  affidavits,  may  take,  sec.  30,  div.  1 18 

agent  for  books,  not  to  act  as,  rule  5 219 

appoint   members   of   boards   of   education,   sec. 

30,  div.  IV,  rules  11,  12 19,  220 

appointment    of,    by    Commissioner    of    Educa- 
tion,  sec.   27    17 

apportion  school  money,  sec.  40,  165 22,  83 

appropriations     deducted     from     school     fund, 

sec.  317   150 

arbor  day,  to  prepare  exercises,  sec.  286 140 

balances,  to  apportion,  sec.  40 22 

boards  of  education,  to  meet,  rule  6 219 

certificates,  provisional,  issue  of,  rule  87 214 

to  report,  rule  88  215 

clerical  assistant,   sec.   35    20 

Commissioner  of  Education  to  instruct,  sec.  14.  .  13 

continuance  in  office,  sec.  294 142 

county    attendance   officer,    to   provide    for   ex- 
penses of,  sec.  205   99 

courses  of  study,  to  prepare,  rule  7. 219 


464  INDEX. 

PAGE. 

decisions  of  Commissioner  of  Education,  to  have 

obeyed,  rule  3   219 

diplomas,  blank,  furnished  by  Commissioner  of 

Education,  rule  9  219 

distribute  documents,  forms,  etc.,  rule  2 219 

expenses  of,  sec.  29  18 

flag  display  and  salute,  reports  of,  rule  10 220 

libraries,  pedagogical,  to  establish,  rule  8 219 

manual  training  and  industrial  school  for  col- 
ored youth,  vacancies,  rules  1  to  3 231 

meetings,  sec.  7,  div.  X 12 

member  of  board  of  education  of  county  voca- 
tional school,  sec.  331 155 

member  of  County  Board  of  Examiners,  sec.  37  20 

office  to  be  provided  by  Freeholders,  sec.  34. . .  .  19 

orders  for  school  moneys,  sec.  222  106 

to  issue,  sec.  30,  div.  II 18 

to  withhold,   for   failure  to  provide  ac- 
commodations, sec.  152  76 

pedagogical  libraries,  to  establish,  rule  8 219 

penalty   for   interest   in   sale   of  textbooks,   etc., 

sec.    183    88 

penalty  for  neglect  to  perform  duties,  sec.  18. . .  15 

powers  of,  sec.  30 18 

qualifications  of,  sec.  2"J 17 

railroad  tax,  to  apportion,  sec.  315 149 

report  annually  to  Commissioner  of  Education, 

sec.   31    19 

reports  of  teachers,  must  preserve,  rule  4 219 

rules  regarding,  rules  1  to  12 218  to  220 

salary  of,   sec.   28   17 

school  district  balances,  to  divide,  sec.  40 22 

supervision   of   schools   of  county,   to   exercise, 

sec.  30,  div.  Ill   18 

supervisor's  certificate,  must  hold,  ride  35 203 

teachers'  employment,  to  keep  record,  rule  89.  . .  215 

teachers'  institutes,  to  assist  at.  rule  5 221 

teachers'  libraries,  sec.  259,  260 122 

teachers'  retirement  fund  conventions,  sec.  262.  123 

term  of  office,  sec.  17,  27 14, 17 

union-graded  schools,  sec.  158,  160,  165,  167.  .79,80,83 

vacancy,  how  filled,  sec.  17  14 

visit  schools,  rule  1    218 

County  vocational  school  bonds,  coupon  or  registered,  sec.  341 159 

County  vocational  schools,  see  Vocational  Schools. 


INDEX.  465 

PAGE. 

Course  of  study,  sec.  99  5° 

adoption  of,  sec.  75,  97,  div.  VII 33,  A7 

agricultural  college,  sec.  399 177 

city  boards  of  education,  sec.  75 33 

county  superintendents,  to  prepare,  rule  7 219 

county     vocational     schools,     to     be     approved,     sec. 

326,  330  154.  155 

evening  schools  for  foreign-born,  sec.  176 86 

manual  training,  sec.  251   120 

approval  by  State  Board  of  Education, 

rule  2   229 

minimum  to  be  prescribed  by  Commissioner  of  Edu- 
cation, sec.  7,  div.  VIII  12 

pupils  must  pursue  prescribed,  sec.  144 73 

schools  for  dependent  children,  sec.  360 165 

State  Normal  Schools,  sec.  233 114 

State  Prison  School,  sec.  382  172 

vocational  schools,  to  be  approved,  sec.  326 154 

Current  expenses,  definition  of,  sec.  106  53 

Custodian  of  school  moneys,  appointment  of,  sec.  227 112 

balances,  to  pay  county  collector,  sec.  224.. .  no 

balances  to  successor,  sec.  225 in 

bond  of,  sec.  163,  227  81, 112 

collector  may  be,  sec.  227  112 

duties  of,  sec.  225  to  231 1 1 1  to  1 14 

evening  school  special  appropriation,  sec.  177  87 

interest  on  funds  in  certain  cases,  sec.  230. . .  114 
manual  training  appropriation  to  be  paid  to, 

sec.  251    119 

payment  to,  of  special  school  moneys,  sec.  228  113 

payments  on  orders,  sec.  225 in 

pay-roll  and  warrant,  sec.  225 in 

penalty  for  failure  to  report,  sec.  231 114 

receives     school     moneys     on     orders     of 

County  Superintendent,  sec.  222 106 

report  to  County  Superintendents,  sec.  32...  19 

reports  of,  sec.  225  in 

union-graded  schools,  sec.  163 81 

vocational   school  appropriation,  to  receive, 

sec  328  155 


466  INDEX. 

D. 

PAGE. 

Damage  to  school  property  by  pupils,  sec.  144 73 

Deaf,  see  New  Jersey  School  for  the  Deaf. 

Deaf  classes,  certificates,  rule  57  206 

pupils,  special  classes  for,  sec.  150  75 

teacher's  apportionment,  sec.  223,  div.  lb  108 

Decisions,  commissioner  of  education  appeals  from,  rules  1  to  6 228,  229 

to  be  obeyed,  rule  3 219 

to  be  preserved,  sec.  16  14 

Decoration  Day,  see  Holidays. 

Defective  classes,  certificates,  rule  58 207 

Deficient  pupils,  special  classes  for,  sec.  150 75 

Degrees  conferred,  approval  by  State  Board  of  Education,  sec.  422 183 

penalty  for  violation  of  law,  sec.  423 183 

public  schools  exempt  from  law,  sec.  424 184 

Delinquent  children,  special  schools  for,  see  Dependent  children,  schools 

for. 
Department  of  Public  Instruction,  designation  of  office  of  Commissioner 

of  Education,  sec.  12  13 

Dependent  children,  commitment  of,  sec.  355  164 

industrial  training,   sec.   353    163 

schools  for,   sec.  351   to  363    163  to  165 

ages  of  children,  sec.  352 163 

appropriation,  sec.  358   165 

appropriation  for  buildings  and  repairs,  sec.  359 165 

approval  by  State  Board  of  Education,  sec.  362 165 

courses  of  study,  sec.  360 165 

establishment  of,  sec.  351  163 

location,   sec.   361    165 

payment  for  children  from  other  districts,  sec.  354 164 

reports  of,  sec.  356 165 

restrain  and  instruct  children,  sec.  352 163 

rules  for  government,  sec.  360  165 

superintendent  report  to  juvenile  court,  sec.  357 165 

take  from  other  districts,  sec.  354 164 

Deputy  Treasurer,  may  sign  city  teachers'  cbecks,  sec.  226 ill 

Diplomas,  commissioner  of  education  to  furnish,  rule  9 219 

State  Normal  schools,  sec.  99,  233 50,  114 

Dismissal,  principals,  sec.  120  63 

Dismissal,  teachers,  sec.  58,  99,  120,  121,  130 28,  50,  63,  64,  67 

see  also  removal. 

Disorderly  persons,  extract  from  act  concerning,  sec.  425 184 

District  Boards  of  Education,  see  State  Federation  of  District  Boards 
of  Education. 


INDEX.  467 

PAGE. 

District  clerk,  accounts,  to  keep,  sec.  102 51 

affidavits,  may  take,  sec.  101   51 

appointment  of,  sec.  102  51 

bond  of,  sec.  102  51 

bond  register,  to  keep,  sec.  108,  109 56,  57 

bonds  and  interest  annually  to  tax  assessor,  sec.  111 58 

contracts  with  teachers,  to  report,  rule  90 215 

minutes,  to  keep,  sec.  102  51 

notices  of  meetings,  to  issue,  sec.  102 51 

orders  for  payment  of  bills,  to  issue,  sec.  102 51 

record  books  for  inspection,  sec.  102 51 

removal  of,  sec   102    51 

report  to  county  superintendent,  sec.  32  19 

salary  of,  sec.   102  51 

school  debt,  to  report  yearly  to  Commissioner  of  Educa- 
tion, sec.   113   59 

District  school  tax,  sec.  106   53 

amount  of,  sec  106 53 

assessment  of,  sec.  106 54 

ballot  for,  sec.  107 55 

certificate  of,  sec.  106  53 

collection  of,  sec.  106  54 

purposes  for  which  may  be  used,  sec.  106 53 

Districts,  see  School  districts. 

Disturbing  schools,  penalty  for,  sec.  425 184 

Doors  in  school-houses  to  open  outward,  sec.  156  and  rules 78,  239 

Drawing  certificates,  rule  41    204 

Drinking  cups,  common,  use  prohibited,  sec.  308 146 

penalty  for  non-observance,  sec.  309 147 


E. 

Efficiency  of  all  public  schools,  Commissioner  of  Education  to  ascertain, 

sec.  7,  div.  VII  11 

Election,  boards  of  education,  townships,  sec.  87  to  91   40-44 

two  ballot  boxes  necessary,  sec.  92 44 

voting  qualifications,  sec.  93 44 

Elementary  certificates,  limited,  requirements,  rules  20  to  24 199 

permanent,  rule  25  200 

Elementary  schools,  certificates,  rule   11 197 

examinations  to  be  prescribed  for  highest  grades,  sec 

7,  div.  VII   II 

supervision  of,  sec.  7,  div.  IV 11 

Elementary   Education,    Supervisor  of,   see    Supervisor  of    Elementary 
Education. 


468  INDEX. 

PAGE. 

Elocution  certificates,  rule  52 205 

Employer's  certificates,  definition,   sec.    184    89 

to  be  filled  in  by  employer,  sec.  195 93 

Employers'  liability  applied  to  boards  of  education,  sec.  411 180 

payments,  how  made,  sec.  412 180 

Employers'  Liability  Commission,  to  assist  in  preparation  of  text-book 

on  accident  prevention,  sec.  446 191 

Employers,  penalty    for    allowing    children    to    work    contrary    to    law, 

sec.   196   95 

penalty  for  non-compliance  with  compulsory  education  law, 

sec.  195 94 

Employment  of  pupils  outside  of  school  hours,  sec.  196 95 

Enumeration  of  school  children  to  be  made,  sec.  290 142 

Epidemics,  Boards  of  Health,  notice,  sec.  147  74 

schools  may  be  closed  on  account,  sec.  147 74 

Estimate,  see  Boards  of  school  estimate. 

Evening  classes,  defined,  sec.  322f,  g 153 

Evening  schools,  sec.    174-180    86,  87 

ages  of  pupils,  sec.  174 86 

apportionment  for,  sec.  174 -. . .  .  86 

appropriation,  special  for,  sec.  177 87 

certificates,  rule  54   205 

expenses  of,  sec.  17s,  180  86,  87 

foreign-born  residents,  sec.   176 86 

appropriation     deducted      from 

School  fund,  sec.  317 150 

course  of  study,  sec  176 86 

State    Board    of    Education    to 

prescribe  rules,  sec.  176 86 

report,  annual,  sec.  178  87 

State    Board    of    Education    to    assist    in    establishing, 

sec.  179   87 

teachers,  sec.  176  86 

term,  length  of,  sec.  174 86 

Examinations,  certificates,  conduct  of,  rules  79  to  81 213,  214 

identification  of  applicants,  rule  85 214 

order  of,  rules   198,  216 

plan  of,  rules  77  to  91  213  to  215 

questions,  preparation  of,  rule  78  .  .' 213 

readers  for,  rules  78,  82 213,  214 

records  of,  rule  86 214 

State  Board  of  Examiners,  rules  77  to  86 213,  214 

teachers'   certificates,   State   Board  of   Education  to  pre- 
scribe rules,  sec.  3,  div.  IV 8 

see  also  Certificates,  Teachers'. 

teachers  by  City  Boards  of  Examiners,  sec.  38 21 


INDEX.  469 

PAGE. 

County  Boards  of  Examiners,  sec.  37 20 

State  Board  of  Examiners,  sec.  36 20 

rules  to  be  made  by  State  Board  of  Edu-, 

cation,  sec.  3,   div.    IV 8 

Examinations,  elementary  schools,  highest  grades,  to  be  prescribed,  sec. 

7,   div.    VII 11 

Exceeding  appropriations,  penalty  for,  sec.  429 185 

Exclusion  of  pupil?  by  medical  inspector,  sec.  178,  rule  6 138,  227 

Executions  against  Boards  of  Education,  sec.  289 141 

Exemption  certificates,  supervisor  of,  definition,  sec.  184 88 

Expenses,  County  Superintendents,  to  be  paid,  sec.  29 18 

State  Board  of  Education,  to  be  paid,  sec  4 10 

Expulsion  or  suspension  of  pupils,  sec.  97,  div.  VIII 47 


F. 

Farnum  Preparatory  school,  admission  to,  sec.  307 146 

control  of,  by   State  Board  of  Education, 

sec.  2   8 

tuition  of  pupils,  how  paid,  sec.  307 146 

Fire  escapes,  construction  of,  rules  240 

Fireproof  construction  to  be  used  in  school-houses  of  three  or  more 

stories,  rules  234 

Flag  day,  observance  of,  sec.  288 141 

Flag  display  and  salute,  county  superintendents  to  report  on,  rule  10.  . .  .  220 

Flags  for  school-houses,  sec.  279  .  .• 139 

Floor  beams  in  school-houses,  rules  235 

Foreign-born,  evening  schools  for,  sec.  176  86 

teachers'  certificates,  rule  55 206 

see  also  Evening  Schools- 

Forms  for  reports,  Commissioner  of  Education,  to  prepare,  sec.  23 16 

Free  public  schools,  constitutional  provision  for 5 

G. 

Governor,  industrial  schools,  trustee  of,  sec.  373 168 

school  fund,  trustee  of,  sec.  206 100 

State    board    of    children's    guardians,    appoint    members    of, 

sec.  432   187 

Graded  schools,  salaries,  sec.  274 133 


470  INDEX. 

H. 

PAGE. 

Heating  of  school-houses,  rules 233 

High  schools,  approval  of,  rules  1  to  6 222  to  225 

conditions  of,  rule  3 223 

certificates  for  partial  work,  rule  5 224 

graduates  of  approved,  admitted  to  State  Normal  Schools, 

rule  6 224 

partial  registration  of,  rule  4 224 

supervision  of,  sec.  7,  div.  Ill 10 

teachers,  apportionment,  sec.  223,  div.  Ic 108 

work,  certificate  rating,  rules   217 

Holidays,  exercises  preceding,  sec.  287  ! 141 

teachers  not  required  to  teach  on,  sec.  124 65 

Household  arts  education,  sec.  322d  153 

school,  defined,  sec.  322c 153 

vocational  certificates,  rule  59,  64,  65 207,  208 

see  also  Vocational  schools. 

Hygiene,  lectures  on,  by  American  Museum  of  Safety,  sec.  447 191 


I. 

Incorporated  towns,  see  Townships. 

Incorporation  of  boards  of  education,  sec.  52,  95 27,  45 

county  vocational  schools,  sec.  334 156 

industrial  school  trustees,  sec  376 169 

teachers'  retirement  fund,  sec.  268,  div.  V 130 

union-graded  schools,  sec.  162 81 

union  vocational  schools,  sec.  325 154 

Indebtedness  of  school  districts,  sec.  41-43 23,  24 

Indentured  children,  sec.  443  190 

Industrial  arts,  certificates,  rule  5   217 

school,  defined,  sec.  322e 153 

schools,  see  also  Vocational  schools. 

Industrial  education,  defined,  sec.  322b 153 

Supervisor  of,  see  Supervisor  of  Industrial   Edu- 
cation. 

Industrial  schools,  appropriation  equal  to  local,  sec.  370 167 

appropriation  for  building  by  State,  sec.  377 169 

bonds,  power  to  issue,  in  second  class  cities,  sec.  379.  .  170 

buildings,  control  of,  sec.  373 168 

local  tax,  sec.  372  168 

moneys  under  direction  of  trustees,  sec.  371 167 

reports  of,  sec.  373  168 

supervision  of,  sec.  7,  div.  V 11 

trustees  of,  sec.  373  168 


INDEX.  471 

PAGE. 

appointment  of,  sec.  373 168 

authority  to  erect  buildings,  sec.  378 170 

compensation  none,  sec.  374 169 

corporate  name,  sec.  376 169 

expenses,  sec.  375    169 

powers  of,  sec.  373  168 

terms  of,  sec.  373,  375  168,  169 

treasurer  of,  sec.  373 168 

tuition  fees,  sec.  373   168 

Industrial  training  for  dependent  children,  sec.  353 163 

Industrial  vocational  certificates,  rules  59  to  61 207,  208 

Infectious  diseases,  see  Contagious  diseases. 

Injuries  to  employees  of  Boards  of  education,  liability,  sec.  411,  412 180 

Injuries  to  school  property,  sec.  425  184 

Inspector  of  Accounts,  appointment  by  State  Board  of  Education,  sec.  3, 

div.  VI   8 

attendance   before,   of   members  or  employees   of 

Boards  of  Education  compulsory,  sec.  3,  div.  XI  9 
Inspector  of  Buildings,  appointment  by  State  Board  of  Education,  sec.  3, 

div.  V   8 

attendance  before,  of  members  or  employees  of 
Boards     of     Education     compulsory,     sec.     3, 

div.  XI  9 

Institutes,  see  Teachers'  institutes. 

Insurance,  sec.  97,  div.  VI   47 

appropriations  for,  sec.  409  179 

method  of,  insurance  fund  commissioners,  sec.  410 180 

municipal  insurance  fund,  authorized,  sec.  406 178 

rates   of,    may   be   fixed    by    insurance    fund    commissioners, 

sec.  407  179 

school-houses,  how  to  be  used,  sec.  157 78 

school  property,  sec.  57   28 

State  normal  schools,  sec.  235  115 

Insurance  fund  commissioners,  investment  of  premiums,  sec.  408 179 

method  of  insuring,  sec.  410 180 

rates  of  insurance,  may  fix,  sec.  407 179 

Interest,  district  orders,  sec.  230  114 

surplus  revenue,  to  be  appropriated  for  schools,  sec.  280 139 

Investment  of  school  fund,  sec.  210-214 100  to  102 

teachers'  retirement  fund,  sec.  263 124 

J. 

Janitors,  appointment  of,  sec.  97,  div.  II  and  III 46, 47 

removal  of,  must  have  hearing,  sec.  314 148 

rules  to  govern,  Boards  of  Education  may  make,  sec.  313 148 


472  INDEX. 

TAGE. 

Jury  service  not  required  of  teachers,  sec.  129 66 

Juvenile  courts,  dependent  schools,  may  send  children  to,  sec-  352 163 

powers   not    altered    by    dependent   children    school   act, 

sec.  363   165 

report    of    superintendent    of    schools    for    dependents, 

sec.  357   165 


Kindergartens,  ages  of  children,  sec.  171   85 

boards  of  education  may  establish,  sec.  171 85 

certificates,  sec.  172,  rules  10,  41 85,  197,  204 

expenses  of,  sec.  173  86 

supplies  may  be  purchased  without  advertisement,  sec.  59      29 
teachers  in,  sec.  172  85 


L. 


Labor,   Department   of,   to    receive   papers   in    "age  and   working"   and 

"age  and  schooling"  cases,  sec.  193 93 

Language  certificates,  rule  50   205 

Law,  school,  Commissioner  of  Education  to  print,  sec.  23 16 

unconstitutionality  of  a  section  not  to  affect  other  sections,  sec-  297.  144 

Lectures,  accident  prevention,  by  American  Museum  of  Safety,  sec.  447. .  191 

boards  of  education  in  cities  may  provide,  sec.  403 178 

free,  no  admission  fee,  sec.  405 178 

medical  inspector  to  teachers,  rule  9  228 

necessary  apparatus  may  be  provided,  sec.  404 178 

Liability  for  injury  to  employees  of  Board  of  Education,  sec.  411, 180 

payments,  how  made,  sec.  412  180 

Libraries,  see  School  libraries. 

Libraries,  see  Teachers'  libraries. 

Libraries,  county  pedagogical,  county  superintendents  to  establish,  rule  8.  219 

Library  Commission,  see  Public  Library  Commission. 

Light  in  school-houses,  rules  232 

Lincoln's  birthday,  sec  Holidays. 

Living  apartments  not  permitted  in  school-houses,  rules 241 

M. 

Manual  training,  apportionment,  rules  5,  6 230 

appropriation  for,  sec.  251  1 T9 

balances,  rule  1    229 

report  required  before  granting,  rule  15  231 


INDEX.  473 

PAGE. 

certificates,  rule  43 204 

course  of  study,  sec.  251   120 

approval  by  State  Board  of  Education,  rule  2..     229 

funds,  balances,  rule  1   229 

rooms  in  school  buildings,  rules  237 

schools,  report  of,  sec.  253  120 

trustees  of,  sec.  252   120 

State  aid  funds,  rules  1  to  15 22910231 

how  used,  rules  10  to  12 230 

kindergarten     supplies    not     to    be    purchased, 

rule  14   230 

teachers  must  give  entire  time,  rule  7 230 

tax  for,  sec.  251   119 

teachers  must  hold  certificates,  rule  4 230 

Manual  Training  and  Industrial  School  for  Colored  Youth,  appropria- 
tion   deducted    from    school 

fund,  sec.  317 150 

appropriations  for,  sec.  249.  . .  .      IIQ 

control  of,  sec.  2,  247 8,  118 

pupils  in,  sec.  248 119 

treasurer  of,  sec.  250 119 

vacancies,  rules  1  to  3 231 

Medical  examination,  sec.  150,  rules  4,  5 75,  227 

Medical  inspections,  age  and  working  certificates,  sec.  190 92 

blanks    furnished   by   Commissioner   of    Education, 

rule  5  226 

rules  for  local  boards  of  education,  rules  1  to  7.  .225,  226 

school  exemption  certificates,  sec.  190 92 

visits,  when  to  be  made,  rule  2 226 

Medical  inspectors,  rules  1  to  10  226  to  228 

certificate  of,  on  pupil's  age,  sec.  188 91 

compulsory  education,  certificates,  sec.  100 92 

duties  of,  sec.  145,  278 73,  138 

examination  of  pupils,  rules  4,  5 227 

lectures  to  teachers,  rule  9  228 

pupils,  may  exclude  from  school,  sec.  278 138 

reports  of,  rule  2 225 

salaries,  rule  3   225 

sanitary  conditions  of  schools,  to  examine,  rule  8. . .  .     228 

terms  of,  rule  1    225 

union  of  districts,  rule  4  225 

vaccination,  certificate  of  exemption,  rule  10 228 

Meetings,  city  superintendents,  to  be  held  yearly,  sec.  7,  div.  X 12 

county  superintendents,  to  be  held  yearly,  sec.  7,  div.  X 12 

district  clerk  to  issue  notices,  sec  102 51 


474  INDEX. 

PAGE. 

State  Board  of  Education,  prescribed  by  their  rules,  sec.  1 8 

township  boards  of  education,  sec.  89,  100,  102,  104 42,50,51,52 

voters,  special,  sec.  97,  div.  X 48 

Memorial  Day,  see  Holidays. 

Model  schools,  admission  to,  sec.  151  76 

State  Normal  Schools,  sec.  237  115 

tuition  fees,  sec.  151   76 

held  in  trust,  sec.  238 115 

Municipal  insurance  fund,  authority  to  insure  in,  sec.  406 178 

Music  certificates,  rule  49  _ 205 


N. 


Narcotics,  effects  of,  to  be  taught,  sec  282 140 

Nationality,  pupils  not  to  be  excluded  on  account  of,  sec.  149 75 

New  Jersey  School  for  the  Deaf,  appropriation  deducted  from  school  fund, 

sec.  317 150 

contract  for  supplies,  sec.  244 117 

control  of,  by  State  Board  of  Education, 

sec.  2,  243  8, 1 16 

object  of,  sec.  242 116 

pupils,  sec.  243,  245 1 16, 1 17 

repairs  to,  sec.  244 117 

superintendent  of,  sec.  243  116 

teachers,  sec.  243  116 

title  of,  sec.  242 116 

treasurer  of,  sec.  246 118 

tuition  free,  sec.  242 116 

Non-resident  pupils,  sec.  140,  142 71,  72 

Normal  school  certificates,  rules  1  to  11 217.  218 

city,  valid  only  in  city  where  issued,  rule  7. .     196 

diplomas  endorsed,   rule  17 197 

qualify   for  teaching,  sec.  38 21 

Normal  school  in  county  of  first  class,  State  Board  of  Education  may 

take  over,  sec.  240  116 

Normal  schools,  see  also  State  normal  schools. 


Oath  of  office,  members  of  boards  of  education,  sec.  49,  96 26,  46 

Oaths,  authority  of  State  Board  of  Education  to  administer,  sec.  9....       12 

Boards  of  Education,  power  to  administer,  sec.  131  58 

Office,  Commissioner  of  Education,  sec.  12 13 

County  Superintendent  provided  by  Chosen  Freeholders,  sec.  34.       19 


INDEX.  475 

PAGE. 

State  Board  of  Education  in  State  House,  sec.  1 7 

Officers,  penalty  for  bribery  of,  sec.  426  184 

penalty  for  having  interest  in  furnishing  supplies,  sec.  427 184 

Organization  of  city  boards  of  education,  sec.  46,  53 26,  27 

boards  of  school  estimate,  sec.  8o. . , 35 

county  vocational  schools,  sec.  333 156 

township  boards  of  education,  sec.  96 45 

union-graded  schools,  sec.  163 81 

Out-houses,  sec.  1 53  77 

provision  of,  rules  240 

tax  for,  sec.  1 53  77 

Overseer  of  the  poor,  duties  in  connection  with  State  Board  of  Chil- 
dren's Guardians,  sec.  439   189 


P. 


Parks,  City  Boards  of  Education  may  transfer  land  for,  sec.  388,  389.  . .  .  173 

Part-time  class,  defined,  sec.  322h 153 

Passport  as  proof  of  pupil's  age,  sec.  188 90 

Penalty,  Board  of  Education,  for  violation  of  law,  sec.  19 IS 

Commissioner  of  Education  may  remit,  sec.  44....  24 

bribery,  sec.  426 184 

in  giving  out  printing,  sec.  428 185 

buildings,  failure  to  provide,  sec.  152 76 

certificates,  for  not  holding,  sec  132 68 

compulsory  education,  false  evidence,  sec.  189 91 

conferring  degrees  contrary  to  law,  sec.  423 183 

county  superintendent,  neglect  to  perform  duties,  sec.  18 15 

violation  of  law,  rule  5 219 

custodian  of  school  moneys,  failure  to  report,  sec.  231 114 

disbursements  in  excess  of  appropriation,  sec.  429 185 

disturbing  schools,  sec.  425   184 

drinking  cup,  for  failure  to  observe  rule  regarding,  sec.  309.  .. .  147 
employers  for  non-compliance  with  compulsory  education  law, 

sec.  195  and  196  94. 95 

exceeding  appropriation,  sec.  429 185 

exclusion  of  pupils,  sec.  149  75 

improper  use  of  school  moneys,  sec.  277  138 

injuring  school  property,  sec.  425   184 

non-attendance  at  meetings,  sec.  50,  103  27,  52 

officers  having  interest  in  furnishing  supplies,  sec.  427 184 

parents  and  guardians,  compulsory  education,  sec.  198,  199 96,97 

repeated  absence  from  school,  sec.  197 95 

teachers,  violation  of  the  law,  sec.  20 15 

text-books,  interest  in  sale  of,  officers  or  teachers,  sec.  183 88 


476  INDEX. 

PAGE. 

Penmanship  certificates,  rule  48  204 

Pension,  supervisors,  sec.  133   68 

teachers,  sec.  133   68 

teacher-clerks,  sec.  133   68 

see  also  Retirement,  Teachers'. 

Physical  training  certificates,  rule  51  205 

Physiology,  examination  in,  required  for  teachers'  certificates,  sec.  283. ..  140 

Plans  for  school  buildings,  approved,  sec.  154 77 

Powers  of  boards  of  education,  sec.  54  to  83,  97,  164,  166 27  to  38,  46,  81, 83 

boards  of  school  estimate,  sec.  81  to  83 36,  37 

county  superintendents,   sec.   30 18 

Principals,  appointment  of,  sec.  97,  div.  II,  III,  99,  120 46,  47,  50, 63 

certificates,  must  hold,  rule  1 *95 

Principals,  dismissal  of,  sec.  99,  120  50, 63 

promotion  of,  sec.  120 63 

salaries  of,  sec.  120  63 

in  graded  schools,  sec.  274 133 

State  Normal  Schools,  sec.  233 114 

members   of    State    Board   of   Exam- 
iners, sec.  36  20 

supervisor's  certificate,  must  hold  in  certain  cases,  rule  35-  ••  •  203 

suspension  of,  sec.  76 34 

tenure  of  employment,  sec.   120  63 

transfer  of,  sec.  99  50 

Printing,  penalty  for  bribery  in  giving  out,  sec.  428 185 

Prison,  see  State  Prison. 

Private  school  laws  may  not  be  passed  by  Legislature 5 

Private  schools,  reports  of,  sec.  22   16 

Private  secondary   schools,   graduates  of   registered,    admitted   to   State 

Normal  Schools,  rule  2 225 

registration  of,  rule  1,  2 225 

Promotion,  rules  for,  districts  prescribe  own,  sec  7,  div.  VII 11 

principals,  sec.   120  63 

teachers,  sec.  120  63 

Provisional  certificates,  rules  72  to  76,  87 211  to  214 

Public  Instruction,  Department  of,  see  Department  of  Public  Instruction. 

Public  Library  Commission,  expenses,  how  paid,  sec.  258 121 

school  libraries,  to  make  rules  and  regulations,  sec.  255 121 

Public  schools,  constitutional   provision  for   5 

Punishment  of  crimes,  extract  from  act  concerning,  sec.  426 184 

Pupils,  accident  prevention,  instruction  to  be  given,  sec.  445 191 

accommodations  for,  sec.  152  76 

admission  of,  sec.  140,  148 71,  74 

ages  of,  sec.  140,  185,  T87 71,89,90 

proofs,  sec.  188  90 

apportionment  for,  sec.  223,  div.  1 108 


INDEX.  477 

PAGE. 

attendance,  apportionment,  sec.  223,  div.  II,  rules  1  to  5 109,222 

denned,  rule  2  222 

blind,  special  classes  for,  sec.  150  75 

color  no  reason  for  exclusion,  sec.  149 75 

colored  industrial   school,  sec.  248   119 

compulsory  attendance,  sec.  184  to  205 88  to  99 

contagious  diseases,  how  readmitted,  rule  6 226 

may  be  excluded  if  exposed  to,  sec.  145 73 

corporal  punishment  prohibited,  sec.  126 66 

county  vocational  schools,  sec.  335,  div.  VII 157 

course  of  study,  must  pursue  prescribed,  sec.  144 72, 

damage  to  school  property,  sec.  144 72 

deaf,  special  classes  for,  sec.  150 75 

deficient,  special  classes  for,  sec.  150 75 

employment  outside  of  school  hours,  sec.  196 95 

exclusion  for  contagious  diseases,  rule  6 227 

exclusion  from  school  by  medical  inspector,  sec.  278 138 

Farnum  Preparatory  School,  tuition,  sec.  307 146 

medical  examinations  of,  rules  4,  5 227 

model  school,  admission  to,  sec.  151 76 

nationality,  no  reason  for  exclusion,  sec.  149 75 

New  Jersey  School  for  the  Deaf,  sec.  243,  245 116, 117 

non-residents  may  be  admitted,  sec.  140,  142 71,  72 

penalty  for  repeated  absence  from  school,  sec.  197 95 

exclusion  by  Boards  of  Education,  sec.  149 75 

religion  no  reason  for  exclusion,  sec.  149 75 

school  regulations,  must  comply  with,  sec.  144 73 

State  normal  schools,  allotment  to  each  county,  sec.  236 115 

declaration  at  admission,  sec.  236 115 

State  Prison  School,  keeper's  consent,  sec.  385 172 

suspension   or  expulsion,   sec.   97,   div.   VIII,    125,  sec.  335,  div. 

VII    47,66,157 

suspension,  reasons  for,  sec.  144  7$ 

teachers  may  suspend,  sec.  125   66 

transfer  of,   sec.    142    72 

transportation  of,  sec.  141,  223 72,  107 

apportionment  for,  sec.  223,  div.  Ik 109 

tuition  fees,  sec.  143,  223  72,  107 

non-resident,  sec.  140   71 

reports  to  be  made,  rules   231 

vaccination  of,  sec.  145,  146  73,  74 


478  INDEX. 

Q. 

PAGE. 

Qualifications,  county  superintendents,  sec.  27 17 

members,  city  boards  of  education,  sec.  48 26 

state  board  of  education,  sec.  1 7 

township  boards  of  education,  sec.  94 45 

vocational  schools,  county,  sec.  332 156 

supervising  principals,  sec.  98 49 

teachers,  sec.  38  21 

voters  at  school  meetings,  sec.  93   44 

Qualifying  academic  certificate,  application  for,  sec  414 181 

care  and  use  of  fund,  sec.  415,  416 181 

denned,  sec.  413 181 

Quarantine,  attendance  in  case  of,  rule  4 222 

R. 

Railroad  tax,  sec.  315  148 

apportionment  of,  sec.  315 .' 148 

apportionment  by  county  superintendents,  sec.  315 149 

certiorari  to  review  payment  by  railroad,  sec.  316 150 

county  vocational  schools,  sec.  344 i6r 

summer  schools  for  teachers,  appropriation,  sec.  350 162 

time  of  payment  to  schools,  sec.  315 149 

Rainy  day  sessions,  attendance,  rule  5 222 

Ratification  of  all  acts  under  1903  law,  sec.  303 145 

Register,  attendance,  rules  1  to  5  222 

teacher  to  keep,  sec.  123  65 

Religion,  pupils  not  to  be  excluded,  sec.  149 75 

Religious  exercises  in  schools,  sec.  128 66 

Removal,  assistant  superintendents,  sec.   72 33 

business  manager,  sec.  77 34 

city  superintendent  of  schools,  sec.  71  33 

district  clerk,  sec  102  51 

janitors,  sec.  314  148 

members,  boards  of  education,  sec.  50,  103,  161 27,  52,  80 

secretary,  board  of  education,  sec.  63  30 

teachers,  sec.  75  33 

Repairs  may  be  ordered,  sec.  59  29 

state  normal  schools,  sec.  235   115 

Reports,  city  boards  of  education,  sec.  61 30 

city  superintendent,  sec.  74 33 

Commissioner  of  Education,  monthly,  to  State  Board  of  Edu- 
cation, sec.  7,  div.  XII 12 

annual  to  be  submitted,  sec.  24. . . .  16 

county  superintendent  of  schools,  sec.  31 19 

county  vocational  schools,  sec.  335,  div.  X 157 


INDEX.  479 

PAGE. 

custodian  of  school  moneys,  sec.  32,  225  19,  1 1 1 

penalty   for  failure,   sec.  231 114 

district  clerks,  sec.  32   19 

evening  schools,  sec.   178   87 

industrial  schools,  sec.  373 168 

institutions  receiving  state  funds,  sec.  22 16 

manual  training  schools,  sec.  253 120 

medical  inspectors,  •  rule  2 225 

school  fund,  sec.  215  102 

schools  for  dependent  children,  sec.  356 165 

secretary  of  board  of  education,  sec.  66,  70 31,  32 

State  Board  of  Children's  Guardians,  sec.  436 188 

State  Board  of  Education,  sec.  5  10 

State  Prison  School,  sec.  387  172 

superintendents  of  schools,  to  county  superintendents,  sec.  32. .  19 

teachers'  institutes,  sec.  281   139 

teachers'  retirement  fund,  sec.  263 126 

township  boards  of  education,  sec.  97,  div.  XIII   49 

Reserve  fund,  state  school  tax,  sec.  220  105 

Residence  of  members  of  boards  of  education,  sec.  306 146 

Retirement,  certificates  of,  sec.  134 69 

State  Comptroller  to  deduct  from  apportionment,  sec.  139.  ..  70 

supervisors,  eligibility,  sec.   133   68 

teacher-clerks,  eligibility,  sec.  133  68 

teachers,  application  for,  sec.  134  69 

application  must  be  considered  by  Commissioner  of 

Education,  sec.  134 69 

Commissioner     of     Education     to    certify     annual 

amount,  sec.  138  70 

eligibility,  sec.  133 68 

payments,  sec.  135,  137  69,  70 

records  are  public,  sec.  136  70 

see  also  Pensions. 
Retirement  fund,  see  Teachers'  retirement  fund. 

Riparian  lands  part  of  school  fund,  sec.  208,  209 100 

Rules  and  regulations,   State  Board  of  Education  to  prescribe,  sec.  3, 

div.  I   8 

Rutgers  scholarships,  appropriation  deducted  from  school  fund,  sec.  317.  .  150 


S. 

Salaries,  business  managers,  sec.  77 34 

city  superintendents  of  schools,  sec.  71  33 

Commissioner  of  Education,  sec.  6 10 

county  superintendents,  sec.  28  _ 17 


48o  INDEX. 

PAGE. 

district  clerks,  sec.  102  51 

medical  inspectors,  rule  3   225 

principals,  sec.  120 63 

in  graded  schools,  sec.  274 133 

reduction  of  teacher's,  sec.  130 67 

secretary,  boards  of  education,  sec.  63  30 

State  Board  of  Examiners,  sec.  36 20 

teachers,  sec.  120,  124,  127  63, 65 

graded  schools,  sec.  274  133 

may  be  withheld,  sec  123 65 

referendum  on,  sec.  275,  276 137,  138 

retirement  fund  deduction,  sec.  267 129 

withheld  in  certain  cases,  sec.  20,  123,  rule  1 15,65,221 

Sanitary  condition  of  school  buildings,  examination  of,  rule  8 228 

School  attendance,  rules  1  to  5 222 

School  bonds,  see  Bonds. 

School  day  defined  for  purposes  of  apportionment,  rule  1 222 

School  debt,  district  clerk  to  report  yearly,  sec.  113 59 

School  districts,  Article  VI  applies  to  certain  town,  township  and  bor- 
ough districts,  sec.  302   145 

balances,  sec.  40  22 

boundaries  of,  sec.  39   22 

civil  service  law  applies  to,  sec.  310 147 

county  collector  may  withhold  funds,  sec.  7,  div.  XI 12 

indebtedness  of,  sec.  41-43  23,  24 

new,  how  constituted,  sec.  40 22 

property,  title  to,  sec.  41  23 

School  districts,  see  also  Cities  school  districts,  Townships  school  districts. 

School  exemption  certificates,  record  to  be  kept,  sec.  194 93 

supervisor  of,  definition,  sec.  184  88 

see  also  Supervisor  of  school  exemption  certificates. 

School  fund,  sec.  206  to  217 100  to  103 

apportionment  from,  sec.  216,  223   102,  107 

appropriations  from,  sec.  210 100' 

bonds,  coupon  to  be  changed  to  registered,  sec.  217 102 

Commissioner  of  Education  a  trustee,  sec.  8 12 

deductions  to  be  made,  sec.  317 150 

investment  of,  sec.  210-214  100  to  102 

report  of,   sec.  215    102 

riparian  lands,  sec.  208,  209   100 

secretary  of,  sec.  207 100 

state  comptroller's  warrant  to  county  collector,  sec.  221 106 

trustees,  sec.  206 100 

see  also  Trustees  of  school  fund. 
see  also  State  school  fund. 
School-houses,  see  Buildings- 


INDEX.  .481 

PAGE. 

School  laws,  Commissioner  of  Education  to  print,  sec.  23 16 

constitutionality  of,  sec.  297  144 

School  libraries,  sec.  254  to  258 121 

appropriation  for,  sec.  254 121 

appropriations,  additional,  sec.  257  I2j 

consolidation  of,  sec.  256 121 

Public  Library  Commissioner  expenses,  how  paid,  sec.  258 121 

rules  for,  sec.  255 12) 

rules  and   regulations  to  be  made  by   Public  Library  Commis- 
sioner, sec.  255 I2J 

tax  for,  sec.  254 , 121 

School  meetings,  qualifications  of  voters  at,  sec.  93 44 

School  property,  conveyance  to  municipality,  for  nominal  sum,  sec.  390. .  173 

insurance,  sec.  57  28 

title  vested  in  board  of  education,  sec.  41,  54,  55,  56 23,  27,  28 

transfer  for  park  purposes,  sec.  388,  389 173 

School  receiving  state  funds  to  report  annually,  sec.  22 16 

School  records,  vouchers,   etc.,  must  be  produced   for   State   Board   of 

Education,  sec.  3,  div.  XI  9 

School  regulations,  pupils  must  comply  with,  sec.   144 73 

School  supplies,  boards  of  education,  to  furnish,  sec.  181 88 

School  tax,  see  District  school  tax. 

School  term,  sec.  99   50 

determined,   sec.  75 S3 

School  year,  sec.  291   142 

county  vocational  schools,  sec.  343 160 

defined,  rule  14  197 

Schooling  certificate,  see  age  and  schooling  certificate. 

Schools,   efficiency   to   be   ascertained   by   Commissioner   of   Education, 

sec.  7,  div.   VII    lir 

Seal,  Boards  of  Education,  sec.  52,  97,  div.  XII,  164,  div.  IV,  sec.  335, 

div.  IX    27,  19,  82,  157 

Commissioner  of  Education  to  adopt,  sec.  16 14 

Seat  locations  to  show  on  blue  prints  of  school-houses,  rules 241 

Secondary  certificates,  limited,  rules  26  to  29. 200,  20J 

permanent,   rule  30   201 

requirements,  rule  26  200 

Secondary    Education,    Supervisor    of,    see    Supervisor    of    Secondary 

Education. 
Secondary  schools,  approval  may  be  withheld  by  State  Board  of  Educa- 
tion, sec.  3,  div.  IX  g 

certificates,  rule  12   \gy 

see  also  Private  secondary  schools. 


:482  INDEX. 

PAGE. 

Secretary,  board  of  education,  accountant  of  board,  sec.  67 31 

appointment  of,  sec.  57,  63   28,  30 

bond,  sec.  63  30 

clerks,  may  appoint,  sec.  64 30 

continuance  in  office,  sec  294 142 

duties   of,    sec.   65-67 30,  3* 

removal,   sec.  63    30 

report  monthly,  sec.  66,  70 31.  32 

salary,  sec.  63  30 

board  of  school  estimate,  sec.  80 36 

county  vocational  schools,  sec.  335,  div.  XI 157 

school  fund,  sec.  207   100 

State  Board  of  Education,  Commissioner  of  Education,  sec.  14. .  13 

clerk  to  be  designated  to  act,  sec.  7, 

div.   I    10 

teachers'  retirement  fund,  sec.  263 124 

salary,  sec.  268,  div.  Ill 130 

Secretary  of  State,  secretary  of  school  fund,  sec.  207 100 

trustee  of  school  fund,  sec.  206 100 

Sewing  certificate,  rule  45   204 

Sinking  fund,  city  school  bonds,  sec.  83 38 

cities  of  the  second  class,  sec.  379 170 

who  shall  be  custodian,  sec.  229 113 

Sinking  Fund  Commissioners,  bonds  must  be  offered  to,  sec.  301 145 

Special  certificates,  rules  41  to  58 204  to  207 

Special  limited  certificates,  how  made  permanent,  rule  39 203 

subjects  allowed  to  be  taught,  rule  37 203 

Staircases  in  school-houses,  construction  of,  rules 238 

State  Agricultural  College,  see  Agricultural  College. 

State  appropriation,  apportionment  to  districts,  sec.  44 24 

State  Board  of  Children's  Guardians,  sec.  432  to  444 187  to  190 

act  to  be  liberally  construed,  sec.  444  190 

appointment  of,  sec.  432 187 

commitment  of  children,  sec.  440.  . .  190 

funds,  how  provided,  sec.  437,  438.  .  189 

indentured  children,  sec.  443 100 

powers  and  duties  of,  sec.  434,  435.187,  188 

•  reports  of,  sec.  436  188 

return  of  children,  sec.  441 190 

term  of,  sec.  432  187 

visitations  of,  sec.  436 188 

vacancies,  sec.  433 187 

ward  of,  sec.  439 189 


INDEX.  483 

PAGE. 

State  Board  of  Education,  accounts  inspector,  to  appoint,  sec.  3,  div.  VI.  .  8 

appeals  to,  sec.  7,  div.  VI,  15,  rules  1  to  6.  . . . 

11,  13,  228,  229 

time  and  manner,  sec.  11 13 

appointment  of,  sec.  1   7 

attendance  before  it  of  members  or  employees 
of   Roard  of   Education   compulsory,   sec.   3, 

div.  XI  9 

bookkeeping  system  for  all  school  districts,  to 

prescribe,  sec.  3,  div.  VII Q 

building  inspector,  to  appoint,  sec.  3,  div.  V.  ..  8 

by-laws,  may  adopt,  sec.  3,  div-  1 8 

colored  industrial  school,  control  of,  sec.  2....  8 
county  vocational   schools,  may  withdraw  ap- 
proval, sec.  345. .  161 
rules  for,  sec.  329.  155 

deaf,  school  for,  control  of,  sec.  2,  243 8,  116 

decides    appeals    from  decisions    of    Commis- 
sioner of  Education,  sec.  3,  div.  Ill 8 

decisions,    county    superintendents    must    have 

obeyed,   rule  3 219 

degrees  conferred,  must  approve,  sec.  422 183 

dependent  children,  schools  for,  must  approve, 

sec.    362 165 

determine  payments  for,  sec.  354 164 

regulation  of,   sec.  360    165 

evening     schools,     to     assist     in     establishing. 

sec.    179    87 

evening    schools     for     foreign-born,    prescribe 

rides  for,  sec.  176 85 

expenses  to  be  paid,  sec.  4 10 

Farnum  Preparatory  School,  control  of,  sec.  2.  8 
high  schools,  approval  of,  rules  1  to  6.  . .  .222  to  22s 
manual    training    course    of    study,    must    ap- 
prove, rule  2 229 

meetings  to  be  prescribed  by  their  rules,  sec.  1 .  8 

model  schools,  may  maintain,  sec.  237 115 

New  Jersey  School   for  the  Deaf,  control  of, 

sec.  2,  243  8,  116 

treasurer,  to  appoint,  sec.  246....  118 
normal     school,     may    accept     from    counties, 

sec.   240    116 

normal   schools,   control   of,   taken  over   from 

counties,  sec.  24 1 116 

oaths,  authority  to  administer,  sec.  9 12 

office  to  be  provided  in  State  House,  sec.  1 . . . .  7 


484  INDEX. 

PAGE. 

power   to    issue    subpoenas   compelling   attend- 
ance of  witnesses,  sec.  3,  div.  XII 9 

powers  of,  sec.  3  ° 

qualifications  of,  sec.  1 7 

report  to  be  made,  annually,  sec.  5 10 

rules  and  regulations 193  to  241 

to  prescribe,  sec.  3,  div.  I. .  8 
to    be    enforced    by    Com- 
missioner of  Education, 

sec.  14  13 

school    records,    vouchers,    etc.,   must   be  pro- 
duced for,  sec.  3,  div.  XI 9 

secretary   to    be   Commissioner   of    Education, 

sec.    14 r3 

secretary-clerk  designated  by  Commissioner  of 

Education,  sec.  7,  div.   1 10 

state  normal  schools,  control  of,  sec.  2,  233 8,  114 

supervising    principals,    to    appoint    in    certain 

cases,  sec.  3,  div.  VIII 8 

teachers'  certificate,  to  grant,  sec.  3,  div.  IV.  .  8 
examinations,      to      make 
rules    for,    sec.    3,    div. 

IV     8 

term  of  office,  sec.  1 7 

treasurers  of  normal   schools,  to  appoint,  sec. 

234   "5 

vacancies  filled,  sec.  1 —  •  •  7 

witnesses,  authority  to  examine,  sec.  9 12 

State  Board  of  Examiners,  appointment  of,  sec.  36 •  •  •  20 

certificates,  may  issue,  rule  7 196 

Commissioner  of  Education  a  member,  sec.  36  20 

compensation,  sec.  36 2° 

method  of  conducting  examinations,  rules  77 

to  86   213,214 

state    normal     school     principals,     members, 

sec.  36  20 

summer  schools  for  teachers,  sec  347 162 

» 

State  Board  of  Health,  penalty  for  failure  to  observe  rules  of,  sec.  309-  ■  •  M7 

rules  regarding  common  drinking  cup,  sec.  308.  .  .  146 

State  certificates,  classification,  rule  8  T96 

endorsement,  rule  17  r97 

examinations,  rule  18  J98 

granted  in  another  state,  endorsed,  rule  17 198 

granted  by  State  Board  of  Examiners,  sec.  36,  rule  7-20, 196 


INDEX.  485 


PAGE. 


State  Comptroller,  apportion  state  school  tax,  sec.  218 

apportionment,  duty  in  regard  to,  sec.  321 

may  pay  in  installments,  sec.  319 

appropriations,  time  of  payment,  sec.  318 

appropriation    for    county    vocational    schools    from 

railroad  tax,  sec.  344 

blind  students,  to  pay  tuition  of,  sec.  420 

deductions  in   appropriations  made   in  certain   cases, 

sec.   317    

evening  school  expenses,  sec.  180 

libraries  appropriations,  sec.  254,  259 121, 

Library  Commission  expenses,  to  pay,  sec.  258 

member  of  trustees  of  school  fund,  sec.  206 

normal  school  repairs,  to  pay,  sec.  235 

railroad  tax,  to  apportion,  sec.  315 

retirement,  to  deduct  from  apportionment,  sec.  139..  . 

school  fund  trustee,  sec.  206  , 

school  fund  warrant  to  county  collector,  sec.  221 

state  appropriation  warrant  to  county  collector,   sec. 

221    

state  school  tax,  warrant  to  county  collector,  sec.  221 . 

State  Prison  School,  expenses  to  pay,  sec.  386 

summer  schools  for  teachers,  to  pay  expenses,  sec.  349 

teachers'  institutes,  expenses,  to  pay,  sec.  281 

State  Federation  of  District  Boards  of  Education,  sec.  364  to  369 

constitution  of,  sec.  364 
delegates  to,  sec.  365 . . . 
expenses,      how      paid. 

sec.  369  

officers  of,  sec.  367 

powers  of,  sec.  366 

rules  of,  sec.  368 

State  normal  schools,  sec.  232  to  241  114  to 

appropriation  deducted  from  school  fund,  sec.  317. . 

boarding  hall  receipts  held  in  trust,  sec  238 

purchases,  how  made,  sec.  239 

control    of,    by    State    Board    of    Education,    sec. 

2,  233    8, 

courses  of  study,  sec.  233 

diplomas,  sec.  233  


486  INDEX. 

PAGE. 

members  of  State  Board  of  Examiners, 

sec.  36  20 

private  secondary  school  graduates  admitted,  rule  2  225 

pupils  allotted  to  each  county,  sec.  236 115 

declaration  at  admission,  sec.  236 US 

repairs  to,  sec.  235  iT5 

State    Board   of   Education   to   have   control,   sec, 

2,  233   8, 114 

teachers  in,  sec.  233  TT4 

treasurers  of,  sec.  234  i:5 

tuition  free,  sec.  232   TI4 

State  officers,  penalty  for  bribery  of,  sec.  426  184 

penalty  for  bribery  in  connection  with  printing,  sec.  428. ..  185 

State  Prison  School,  authorized,  sec.  380 *7l 

course  of  study,  sec.  382  172 

expenses,  how  paid,  sec.  386 172 

pupils,  keeper's  consent,  sec.  385 172 

report,  sec.  387 172 

rules,   sec.  382    171 

teachers,  appointment  of,  sec.  382 171 

qualifications  of,  sec.  383,  384 172 

text-books,    sec.    382    171 

State  Prison  School  Board,  members,  how  appointed,  sec.  381 171 

supervision  of  state  prison  school,  sec.  380. . .  171 

term  of  office,  sec.  381  171 

State  School  Fund,  apportionment  to  the  counties,  sec.  21 16 

State  School  Fund,  see  also  School  Fund. 

State  School  tax,  sec.  218  to  224  103  to  1 10 

apportionment  of,  sec.  218 103 

apportionment  to  districts,  sec  44 24 

balances,  apportionment  of,  sec.  224 110 

payment  by  county  collector,  sec.  219 104 

reserve  fund,  sec.  220  105 

state  comptroller's  warrant  to  county  collector,  sec.  221 .  106 

withheld  in  certain  cases,  sec.  219 104 

State  Superintendent  of   Public  Instruction,  same  as  Commissioner  of 

Education,  sec.   10  12 

State  Treasurer,  member  of  school  fund,  sec.  206 100 

school  fund,  report,  sec.  215  102 

teachers'  retirement  fund,  treasurer  of,  sec.  264 126 

Stenography  and  typewriting  certificates,  rule  47 204 

Students,  Agricultural  College,  amount  of  scholarships,  sec.  396 176 

appointment  of,  sec.  393   175 

Sub-normal  children,  method  to  be  prescribed  to  ascertain,  sec.  7,  div.  IX  12 

Subpoenas,  Boards  of  Education,  power  to  issue,  sec.  131 67 

State  Board  of  Education  may  issue,  sec.  3,  div.  XII 9 


INDEX.  487 

PAGE. 

Summer  schools  for  teachers,  sec.  347  to  350  162 

appropriation  from  railroad  tax,  sec.  350.  .  162 

expenses,  how  paid,  sec.  349  162 

how  established,  sec.  347 162 

rules  of,  sec.  348  162 

Superintendent  of  schools,  appointment  of,  sec.  57 28 

report  to  County  Superintendents,  sec.  32.  ..  .  19 
Superintendents,  see  also  City  superintendents,  county  superintendents. 
Supervising  Principals,  appointment   by   State  Board  of   Education,   sec. 

3,  div.  VIII   9 

appointment  of,  sec.  98  49 

apportionment  for,  sec.  223,  div.  la 107 

duties  of,  sec.  98 49 

qualifications  of,  sec.  98 49 

supervisor's  certificate,  must  hold,  rule  35 203 

term  of  employment,  sec.  130 66 

union  of  districts,  sec.  98 50 

union-graded  schoools,  sec.  164,  div.  V 82 

Supervisor  of  Elementary  Education,  Assistant  Commissioner  of  Edu- 
cation to  be  so  designated,  sec. 

7,  div.  IV 11 

duties     to     be     defined,     sec.     7, 

div.  IV  " 

Supervisor  of  Industrial  Education,  Assistant  Commissioner  of  Educa- 
tion to  be  so  designated,  sec  7, 

div.  V    11 

duties  to  be  defined,  sec.  7,  div.  V.  11 

Supervisor  of  school  exemption  certificates,  affidavits,  to  take,  sec.  189.  .  91 

definition,  sec.   184   88 

issues  permit   to   work  out- 
side school  hours,  sec.  196  95 

record  to  keep,  sec.  194 93 

Supervisor  of  Secondary  Education,  Assistant  Commissioner  of  Educa- 
tion to  be  so  designated,  sec  7, 

div.   Ill    10 

duties  to  be  defined,  sec.  7,  div.  Ill  10 

Supervisors,  definition  of,   rule   15    197 

certificates,  must  hold,  rules  1,  31  to  34 195,  20- 

limited  and  permanent,  rules  31  to  34 202 

pension  for,  sec.  133  68 

retirement,   eligibility,   sec.    133 68 

vocational  certificates,  rules  59,  70,  71 208,  211 

Supplies,  advertisements  for,  sec.  59,  60,  431 28,  29,  i85 

county  vocational  schools,  sec.  337 157 

penalty  for  interest  in  furnishing,  sec.  427 184 

Surplus  revenue  interest  appropriated  for  schools,  sec.  280 139 


488  INDEX. 

PAGE. 

Suspension  of  assistant  superintendent,  sec.  76 34 

principal,  sec.  76  34 

pupils,  sec.  97,  div.  VIII,  125,  335,  div.  VII 47,  66,  157 

reasons  for,  sec.  144  73 

teacher,  sec.  76   34 

teacher's  certificate,  sec.  122  65 


T. 

Tax,  manual  training  schools,  sec.  251    119 

railroad,  for  schools,  sec.  315   148 

Tax,  school   libraries,   sec.   254    121 

Tax,  see  also  District  school  tax. 

Taxation,  manual  training,  sec.  251  119 

Teacher-clerks,  pension,  sec.  133 68 

retirement,  eligibility,  sec.  133  68 

Teachers,  accident  prevention,  to  give  instruction  in,  sec.  445 191 

Agricultural  'College,  power  to  employ,  sec.  401 177 

appointment,  sec.  58,  75,  97,  div.  II,  III,  99,  120.  .28,  33,  46,47,  50,  63 

apportionment  for,  sec.  223,  div.  I  108 

attendance  report,  to  file,  rule  1   221 

blind  classes,  apportionment  for,  sec.  223,  div.  lb 108 

certificates,  application  for,  rules  2  to  5 195-196 

must  hold,  sec.  120,  127,  rule  1 63,  66,  195 

penalty  for  not  holding,  sec.  132 68 

renewal  of,  rule  6 196 

revocation  of,  rule  9  196 

rules   for,  rules   195  to  218 

State  Board  of  Education  to  grant,  sec.  3,  div.  IV        8 

state  requirement  in  physiology,  sec.  283  14° 

suspension  of,  sec.   122   •       65 

see  also  Certificates,  Teachers'. 

charges  against,  sec.  130  67 

contagious  diseases,  may  be  excluded  if  exposed  to,  sec.  145.  .       73 

contracts  with,  sec.  120,  124  63,  65 

district  clerk  to  re'port,  rule  90 215 

corporal  punishment  prohibited,  sec.  126 66 

county  vocational  schools,  sec.  335,  div.  IV 157 

deaf  classes,  apportionment  for,  sec.  223,  div.  lb 108 

dismissal  of,  sec.  58.  99,  120,  121,  130 28,  50,  63, 64,  67 

employment  of,  boards  of  education  to  make  rules,  rule  91. ..  .  215 
city  superintendent  to  keep  record,  rule  89.  ..  215 
county  superintendent  to  keep  record,  rule  89.     215 

evening  schools,  sec.   176 86 

for  foreign  born,  certificates,  rule  55 206 


INDEX.  489 

PAGK. 

examination  of,  rules  to  be  made  by  State  Board  of  Educa- 
tion, sec.  3,  div.  IV 8 

by  state,  county  and  city  boards,  sec.  36  to  38.20,  21 

high  school,  apportionment  for,  sec.  223,  div.  Ic 108 

holidays,  not  required  to  teach  on,  sec,  124. .- 65 

institutes,  must  attend,  rule  3 221 

jury  service  not  required,  sec.  129  66 

kindergartens,  special  certificate,  sec.  172  85 

manual  training,  certificates  must  hold,  rule  4 230 

New  Jersey  School  for  the  Deaf,  sec.  243 116 

penalty  for  interest  in  sale  of  text-books,  etc.,  sec.  183 88 

violation  of  law,  sec.  20  15 

pension  for,  sec.  133  68 

promotion  of,  sec.  120  63 

pupils,  may  suspend,  sec.  125  66 

qualifications,  sec.  38  21 

reduction  in  number  for  reason,  sec.  132 68 

register,  to  file,  rule  1  221 

register,  to  keep,  sec.  1^  65 

religious  exercises  in  schools,  sec.  128 66 

removal  of,  sec.  75 33 

reports  of,  county  superintendents  must  preserve,  rule  4 219 

retirement,  application  for,  sec.  134  69 

certificate  of,  sec.  134  69 

eligibility,  sec.  133  68 

payments,  sec.  135,  137 69,  70 

public  records,  sec.  136 70 

see  also  Pensions. 

salaries  of,  sec.  120,  124,  127  63,  65,  66 

custodian  to  pay  on  one  warrant,  sec.  225 in 

graded  schools,  sec.  274  133 

reduction,  sec.  130  67 

referendum  on,  sec.  275,  276 137,  138 

retirement  fund  deduction,  sec.  267  129 

withheld  in  certain  cases,  sec.  20,  123,  rule  1 15,  65,  221 

salary  checks,  who  may  sign,  sec.  226 in 

state  normal  schools,  sec.  233   114 

State  Prison  School,  sec.  382   171 

qualifications  of,  sec.  383,  384 172 

summer  schools  for,  sec.  347  to  350 162 

suspension  of,  sec.  76 34 

suspension  of  pupils,  sec.   125   66 

tenure  of  employment,  sec.  120,  130 63,  66 

transfer  of,  sec.  75,  99 33,  5o 

vaccination  of,  sec.  145   73 


490  INDEX. 

PAGE. 

Teachers'  institutes,  commissioner  of  education,  to  arrange,  rule  i 220 

county  superintendent,  to  assist  at,  rule  5 221 

expenses  of,  sec.  281,  rule  4 I39>  22i 

how  defrayed,  sec.  281   139 

joint  sessions,  rule  1  220 

lectures  for,  sec.  281   139 

reports  on,  sec.  281   139 

rules,    1    to  5    220, 221 

schools  closed  during,  rule  2 221 

State  Board  of  Education  to  prescribe  rules  for,  sec. 

3,  div.  II  8 

teachers  must  attend,  rule  3  221 

Teachers'  libraries,  appropriation    for,    sec.    259 122 

control  of,  sec.  260 122 

rules  for,  sec.  260  122 

Teachers'  retirement  fund,  sec.  261  to  273   122  to  133 

annual  convention,  sec.  262 123 

annuities,  amount  of,  sec.  265  127 

how   granted,   sec.   265    127 

suspension  of,  sec.  265   128 

when  paid,  sec.  266  128 

application  for  retirement,  sec.  265 127 

appropriation  for  expenses,  sec.  273 132 

bequests  to,  sec.  267,  div.  II 129 

bonds  allowed  to  be  purchased,  sec.  263 124 

Commissioner  of  Education,  a  trustee,  sec.  261  122 

corporate  name,  sec.  268,  div.  V 13° 

county  conventions,  sec.  262 123 

county  delegates,  method  of  selecting,  sec.  262  124 

expenses  met  by  State,  sec.  263 126 

fiscal  year,  sec.  263   126 

how  constituted,  sec.  267 128 

investment  of,  sec.  263  124 

members,  change  of  position,  sec.  270 131 

eligibility,   sec.   272 132 

waivers  of  rights,  sec.  269,  div.  I.  ..  .  130 
when  may  join,  sec.  269,  div.  II,  III, 

IV, 131 

membership,  cessation  of,  sec.  265 128 

to  be  ascertained,  sec.  271 132 

office,  sec.  261    123 

president  of,  sec.  263 124 

report,  sec.  263  126 

salary  deductions  for,  sec.  267 > 129 

school  boards  to  ascertain  membership,  sec.  271  132 

secretary,   sec.   263   124 


INDEX.  491 

PAGE. 

salary  of,  sec.  268,  div.  Ill 130 

securities,  control  of,  sec.  268,  div.  VI 130 

treasurer,  sec.  264  126 

report  of,  sec.  264  126 

trustees  of,  sec.  261,  262  122, 123 

trustees,  powers  of,  sec.  268 129 

vacancies,  sec.  261    123 

witnesses,    may    subpoena,    sec.    268, 

div.  II  130 

vice-president,   sec.  263    124 

warrants,  how  issued,  sec.  264 126 

Technical  school  records  for  teachers'  certificates,  rule  17,  If iq8 

Technical  vocational  certificates,  rules  59,  66,  67 207,  210 

Tenure  of  employment,  janitors,   sec.  314   148 

principals,   sec.    120    63 

teachers,  sec.  120,  130 63,  66 

truant  officers,  in  cities,  sec.  311,  312 147 

Term,  evening  schools,  sec.   174   86 

school  term,  sec.  75,  99   33,  5° 

Term  of  office,  boards  of  education,  sec.  45,  87 25,  40 

towns  of  over  10,000,  sec.  91 44 

business  manager,  sec.  57  28 

Commissioner  of  Education,   sec.  7 10 

county  attendance  officer,  sec.  204 99 

county  vocational  schools,  sec.  331 155 

industrial  school  trustees,  sec.  373,  375 168,  169 

medical  inspectors,  rule  1   225 

State  Board  of  Education,  sec.  1 7 

State  Prison  School  Board,  sec.  381 171 

supervising  principals,  sec.   130 66 

teachers,    sec.    130    67 

Text-books,  sec.   99,   181    50,  88 

accident  prevention,  to  be  prepared,  sec.  446 191 

boards    of    education,    vocational    schools,    to    provide,    sec. 

335,  div.  VIII  157 

care  of,  sec.   182   88 

county  vocational  schools,  sec.  335,  div.  VIII,  337 I57,  158 

penalty   for   school    officer  or   teacher  to   be  interested,   in 

furnishing,  sec.  183  88 

purchase  of,  sec.  59,  97,  div.  IX 29,  48 

purchase  without  advertisement,  sec.  59 29 

selection  of,  sec.  75,  97,  div.  VII  33, 47 

State   Prison   School,   sec.   382    171 

Thanksgiving  Day,  see  Holidays. 

Title  to  school  property,  sec.  41,  54,  55,  56,  95 23,  27,  28, 45 

Toilets,  inside,  must  be  provided  in  school-houses,  rules 239 

Towns,  incorporated,  each  to  constitute  school  district,  sec.  39 22 


492  INDEX. 

PAGE 

Towns    of   over    10,000   population,    boards   of   education,    appointment, 

sec.  91   43 

terms  of,  sec.  91  44 

Townships,  towns  and  boroughs,  appropriation,  how  assessed,  sec.  85-86.  .39, 40 

power  to  make,  sec.  84..  .  39 

validated,  sec.  304 H5 

article  VI,  may  adopt,  sec.  295 143 

boards    of    education,    accident    prevention    instruction,    to 

print  law,  sec.  448 191 

accounts,  sec.  102 51 

advertisement   for  buildings  or   sup- 
plies, method  of,  sec.  431 186 

affidavit  required  with  bills,  sec.  101.  50 
appointment  of,  sec.  30,  div.  IV,  45, 

rules  11,  12   19,24220 

appropriation    for    State    Federation, 

sec.  369   166 

attendance  officers,  sec.  200 97 

bonds,  may  sell  to  Trustees  for  the 

support  of  public  schools,  sec.  300.  144 
borrow    money,     sec.    97,     div.     IV, 

XIV   47,49 

by-laws,  to  adopt,  sec.  97,  div.  III.  . .  46 
census  of  school  children,  may  take, 

sec.  290  142 

certificates  of  appointment,  sec.  45.  ..  26 

condemn  land,  sec.  97,  div.  V 47 

consolidated     districts,     sec.     115    to 

119  59,60,62 

continuance  in  office,  sec.  294 142 

contracts,  how  made.  sec.  100 50 

contracts,    not    to    be    interested    in, 

sec.  94,  430 45,  185 

corporate  name  of,  sec.  95 45 

counsel,  may  employ,  sec.  105 52 

county  superintendents  to  meet,  rule 

6   219 

course  of  study,  sec.  99 50 

may  adopt,  sec.  97, 

div.   VII    47 

delegates     to     State     Federation     of 

District  Boards,  sec.  365 166 

dependent  children  schools,  may  es- 
tablish,  sec.  351 163 

district  clerk,  appointment  of,  sec.  102  51 

election  of,  sec.  87  to  90 40-44 


INDEX.  493 

PAGE 

enforce  rules  of  State  Board  of  Edu- 
cation, sec.  97,  div.  VII 47 

evening   schools,   may  establish,   sec. 

174   86 

report,  sec.  178.  ...  87 

executions  against,  sec.  289 14 ' 

flags  for  school-houses,  sec.  279.  ...  139 

incorporation  of,  sec.  95 45 

industrial   schools,  local   subscription 

or  appropriation,  sec.  370 167 

insure  school  property,   sec.  97,  div. 

VI   47 

janitors,  appointment  of,  sec.  97,  div. 

II   and   III    46,47 

may     make     rules     govern- 
ing, sec.  313  148 

removal  of,  must  have  hear- 
ing, sec.  314  148 

kindergartens,  may  establish,  sec.  171  85 

legal  expenses,  sec.  105 52 

liability     for    injury    to     employees, 

sec.  411  J8o 

payments,   how  made,    sec. 

412   180 

medical  inspection,  rules  1  to  7 225,226 

medical  inspectors,  must  employ,  sec. 

278    138 

rules  1  to  10.  .226  to  228 

meetings,  sec.  100,  104. 5°.  52 

special,  of  voters,  may  call 

sec.  97,  div.  X 48 

minutes,  sec.  102   51 

mortgage    school    property,    sec.    97, 

div.   IV   47 

notes    may    be    redeemed    by    bond 

issue,  sec.  114  • 59 

notices  of  meetings,  sec.  89,  102 42,  5* 

number  of  members,  sec.  87-88 40,  4 1 

oath  of  office,  sec.  96 46 

organization  of,  sec.  96 45 

penalty   for  disbursements  in  excess 
of    appropriation,    sec. 

429   T% 

failure   to    attend    meet- 
ings,   sec.    103 52 

improper  use   of   school 

moneys,  sec.  277 138 


494  INDEX. 


PAGE. 

powers  of,  sec.  97 46 

president  of,  sec.  96 45 

principals,  appointment  of,  sec.  97,  div. 
II     and     III,     99,     120 

46, 47,  So,  63 

dismissal  of,  sec.  99 50 

transfer  of,  sec.  99 50 

pupils,  may  suspend  or  expel,  sec.  97, 

div.  VIII   47 

transportation,  sec.  223 107 

purchase  property,  sec.  97,  div.  IV. .  .  47 

qualifications  of,  sec.  94 45 

ratification  of  all  acts  of,  sec.  303. . .  .  145 

removal  of  member,  sec.  103 52 

president,  sec.  96 45 

report  of,  sec.  97,  div.  XIII 49 

retirement    fund,   to   ascertain  mem- 
bership, sec.  271   132 

school-houses,    may    permit    use    for 

meetings,  sec.  97,  div.  XI 48 

school  property,  title  of,  sec.  95....  45 

school  supplies,  sec.   181 88 

school  term,  sec.  99 50 

seal,  to  adopt,  sec.  97,  div.  XII 49 

supervising  principal  of  schools,  may 

appoint,  sec.  98 49 

supplies,  how  provided,  sec.  101 50 

suspend    pupils,    may,    sec.    97,    div. 

VTII   47 

teachers,  appointment  of,  sec.  97,  div. 

II  and  III,  99 46,47,50 

certify    number    to    county 

superintendent,  sec.  223. .  107 

dismissal  of,  sec.  99 50 

rules  for  employment  of,  to 

make,   rule  9T 215 

salaries,    deduction    for    re- 
tirement fund,  sec.  267.  ..  129 

transfer  of,  sec.  99 50 

term  of  office,  sec.  45,  87 25,  40 

text-books,  sec.  99,  181 50,  88 

to  provide,    sec.   97,   div. 

IX    48 

to    select,    sec.    97,    div. 

VII  47 

tuition  fees,  reports  of,  rules 231 

union  vocational  schools,  sec.  325. .. .  154 


INDEX.  495 

PAGE. 

unused   school   buildings  may   trans- 
fer to  township,  sec.  391 174 

vacancy,  how  filled,  sees.  45,  96,  97, 

div.  I   25,46 

vacancies    filled    by    county    superin- 
tendent, rule  11    22c 

vice-president  of,  sec.  96 45 

vocational     schools,     may     establish, 

sec.  325    154 

witnesses,  may  subpeena,  sec.  131.  .. .  67 

Township  board  of  school  estimate,  sec.  85  39 

bonds,  sec.  108  to  113  55-59 

methods  of  sale,  sec.  301    145 

borrow  in  anticipation  of  tax,  sec.  320 152 

certificates,  rule  1    195 

chief  executive  officers  trustee  of  industrial  school,  sec.  yj2>-  •  ■  168 

civil  service  law  applies  to  school  districts,  sec.  310 147 

committee    president    considered    chief    executive    officer    of 

township,  sec.  84 39 

consolidation  of  districts,  sec.  115  to  119 59  to  62 

elections,  two  ballot  boxes  necessary,  sec.  92 44 

voting  qualifications,  sec.  93 44 

flag  day,  observance  of,  sec.  288 141 

holidays,  exercises  preceding,  sec.  287  141 

industrial  schools,  taxation   for,  sec.  372 168 

principals  must  hold  certificates,  rule  1 195 

referendum  of  Article  VI  to  voters,  sec.  295 143 

referendum  on  teachers'  salary  schedule,  sec.  275,  276 137,  138 

remodeling  of  school  buildings,  sec.  392 174 

school   debt   to  be  reported  to   Commissioner  of   Education, 

sec.   113    59 

school   districts,  Article  VI   applies  to  all  towns,  townships, 

and  boroughs,  sec.  302 145 

each  township  to  constitute,  sec.  39 22 

to  be  governed  by  state  school  law,  sec.  298. .  144 

school  libraries,  additional  appropriation,  sec.  257 121 

school  year,  sec.  291  142 

supervisors  must  hold  certificates,  rule  1 195 

teachers  must  hold  certificates,  rule  1 195 

Transfer  principals,  sec.  99  50 

pupils,  sec.  142  72 

teachers,  sec.  75,  99 33,  5o 

Transportation,  pupils,  sec.  141,  223  72, 107 

apportionment  for,  sec.  223,  div.  Ik 109 

Treasurer,  county  vocational  schools,  sec.  335,  div.  V 157 

industrial  school  trustees,  sec.  273 168 

Manual  Training  and  Industrial  School  for  Colored  Youth, 

sec.  250  119 


496  INDEX. 

PAGE. 

New  Jersey  School  for  the  Deaf,  sec.  246 118 

State  normal  schools,  sec.  234 115 

teachers'  retirement  fund,  sec.  264 126 

Truancy  defined,  sec.  197  95 

Truant  officers  in  cities,  tenure  of  office,  sec.  311,  312 147 

Trustees,  manual  training  schools,  sec.  252  120 

public  school  fund,  bonds  must  be  offered  to,  sec.  301 145 

school  fund,  sec.  206  100 

Attorney  General,  a  trustee,  sec.  206 100 

Commissioner     of     Education,     a     trustee,     sec. 

8,  206 12, 100 

Governor,  a  trustee,  sec.  206 100 

Secretary  of  State,  a  trustee,  sec.  206 100 

State  Comptroller,  a  trustee,  sec.  206 100 

State  Treasurer,  a  trustee,  sec.  206 100 

teachers'  retirement  fund,  sec.  261,  262,  268 122,  123, 129 

Trustees  for  the  support  of  public  schools,  may  buy  school  district  bonds, 

sec.  300 144 

Tuition,  sec.  66 30 

blind  students,  how  paid,  sec.  420 182 

industrial  schools,  sec.  273  168 

model  schools,  sec.  151,  238 76,  115 

New  Jersey  School  for  the  Deaf,  free,  sec.  242  116 

non-resident  pupils,  sec.  140   71 

pupils,    sec.    143,    223    72,107 

rates  of  children   sent  to  other  districts  to  be  fixed  by   State 

Board  of  Education,  sec.  3,  div.  X  p 

reports  to  be  made,  rules   231 

secretary  to  collect,  sec.  66 30 

State  normal  schools,  free,  sec.  232 114 

U. 

Union-graded  schools,  sec.  158  to  170 79  to  85 

apportionment  for,  sec.  165  83 

balloting  for,  sec.  158 79 

board  of  education,  appointment  of,  sec.  159,  160.  .  80 

borrow  money,  sec.  164,  div.  I.  81 
buildings,    may   buy,    improve, 

etc.,  sec.  164,  div.  1 81 

condemn  land,  sec.  164,  div.  II  81 

corporate  body,  sec.  162 81 

organization  of,  sec.  163 81 

powers  of,  sec.   164,166 81,83 

removal,  sec.  161 80 

seal  of,  sec.  164,  div.  IV 82 

vacancy,  sec.  161 80 


INDEX.  497 

PAGE. 

bonds  for,  sec.  168,  169,  170 83,  84,  85 

County  Superintendent  controls,  sec.  167 83 

custodian  of  school  moneys,  sec.  163 81 

executions  against,  sec.  289  141 

formation  of,  sec.  159  80 

supervising  principal,  sec.  164,  div.  V 82 

tax  for,  sec.  164,  div.  Ill 82 

Union  school  boards,  sec.  159 80 

Union  vocational  school,  board  of  education,  corporate  name,  sec.  325...  154 

University  records  for  teachers'  certificates,  rule  17 198 


V. 


Vacancy,  boards  of  education,  sec.  45,  50,  96,  97,  div.  I,  161 25, 27,  46,  80 

boards  of  school  estimate,  sec.  80 35 

county  superintendents,  sec.  17 14 

State  Board  of  Children's  Guardians,  sec.  433 187 

State  Board  of  Education,  sec.  1 7 

Vaccination,  certificate  of  exemption  from,  rule  10 228 

pupils,  sec.  145,  146 73,  74 

teachers,  sec.   145   73 

Validity  of  school  law,  sec.  297 144 

Ventilation  of  school-houses,  rules  233 

Vocational  certificates,  rules  13,  59  to  71 197,  207  to  211 

Vocational  education,  defined,  sec.  322a   152 

necessity  for,  to  be  investigated,  sec.  323 153 

Vocational  schools,  sec.  322  to  343 152  to  160 

appropriations,  how  made,  sec.  327 154 

paid  to  custodian  of  school  moneys, 

sec.  328 154 

boards  of  education  may  establish,  sec.  325 154 

county,  advertisement  for  supplies,  sec.  337 157 

appropriation,  state,  sec.  342  160 

board  of  education,  appointment  of,  sec.  331.  155 
building       appropriation, 

sec.  341  159 

condemn   land,   sec.   335,  . 

div.  II   156 

contracts,  sec.  336 157 

corporate  name,  sec.  334.  156 
estimate  to  prepare,   sec. 

339  158 

organization  of,  sec.  333.  156 

powers  of,  sec.  335 156 

qualifications  of,  sec.  332.  156 


498  INDEX. 

PAGE. 

teachers,     may     employ, 

sec.  335,  div.  IV 157 

terms  of,  sec.  331 155 

treasurer,    sec.    335,    div. 

V    157 

board  of  school  estimate,  sec.  338 158 

appropriation,       to 
determine,      sec. 

340  158 

budget,  sec.  339.  ...  158 
building  appropria- 
tion, sec.  341 ... .  159 

bonds,  issue  of,  sec.  341 159 

courses  of  study,  to  be  approved,  sec.  330. .. .  155 

establishment  of,  sec.  323,  329 153,  155 

limit  of  expenditures,  sec.  346 161 

location  to  be  approved,  sec.  330 155 

payments,  how  made,  sec.  336 157 

pupils,  suspension  of,  sec.  335,  div.  VII 157 

repairs  to  buildings,  sec.  337 158 

report  of,  sec.  335,  div.  X 157 

rules  for,  sec.  329 155 

school  year,  sec.  343 160 

seal  of,  sec.  335,  div.  IX 157 

secretary  of,  sec.  335,  div.  XI 157 

text-books,  sec.  335,  div.  VIII 157 

purchase,   sec.   337 158 

withdrawal  of  approval,  sec.  345 161 

course  of  study  to  be  approved,  sec.  326 154 

day  and  evening  classes,  sec.  324 154 

railroad  tax,  sec.  344  161 

union,  sec.  325   154 

W. 

Walls  of  terra-cotta  tile  in  school-houses,  rules 235  to  237 

Walls  of  two-story  school-houses,  rules   234 

Warrants,  issue  of,  sec.  69  3T 

teachers'  retirement  fund,  sec.  264 126 

Washington's  Birthday,  see  Holidays. 

Waste  paper  chutes,  construction  of,  rules  241 

Water-closets,  sec.  153  77 

tax  for,  sec.  153  77 

Windows,  arrangement  of,  in  school-houses,  rules  232 

Witnesses,  authority  of  St?te  Board  of  Education  to  examine,  sec.  9 12 

Working  certificate,  see  Age  and  working  certificate. 


INDEX.  499 


DECISIONS  OF  THE  COMMISSIONER  OF  EDUCATION 
AND  THE  STATE  BOARD  OF  EDUCATION. 

CASES. 


PAGE. 
Appointment  of  attorney  for  board  of  education.  Hayes  vs.  Townsend. .  . .  359 
Appointment  of  members  of  board  of  education.  Bourne  vs.  Atlantic  City  274 
Appointment   of   members    of    a    board    of    education.     Lasher    and    Briesen 

vs.     vVet.-awk.  n    338 

Appointment   of  members  of  a  board   of  education,   chap.   370,   P.   L.    1912. 

Taylor   and   the    Mayor    of    Hoboken 277 

Appointment   of   members   of   the   board   of   education,   Jersey   City.     Ferris, 

et    al..    vs,    O'Keefe,    et    al 340 

Appointment  of  members  of  board  of  education  organized  under  Article  VI. 

Blackmore,  et  al.,  vs.  Mann,   et  al 364 

Appointment    of    secretary.     Leuly,    et    al.,    vs.    Ritter,    et    al 349 

Appropriation    for    school    purposes,    refusal    of    Common    Council    to    raise 

amount  set  by   Board   of   School   Estimate.    Lambertville 311 

Appropriations    in    city    school    districts.     Bridgeton 336 

Attorney  for  board  of  education,  appointment.     See  Appointment  of  attorney 

for  board  of  education. 
Auditor  of  school  district,  powersf    See  Powers  of  auditor  of  school  district. 

* 

Balances   of  bond   issues   in   district   organized  under   Article   VI.     Atlantic 

City  vs.   Beyer    351 

Board  of  education,   election  of  members.     See  Election   of  members  of  a 

board   of  education. 
Beard    of    education    meetings,    removal    of    a    member    for    not    attending. 

Mead  vs.   Pequannock   Township 310 

Board  of  education,  residence  of  a  member.     O'Brien  vs.   West   New  York     267 
Board  of  education,  vacancy.     See  Vacancy  in  a  board  of  education. 
Bond  issues,  balances  of.     See  Balances  of  bond  issues  in  district  organized 

under  Article  VI    35: 

Bonds,    issue   by    a    district,    procedure    for,    under    Article    VII.     Krug   and 

Ellison    vs.    Woodbridge    263 

Breach    of    contract.     Ciccarelli    vs.    Hoboken 341 

Cities,    board    of    education,    chap.    233,    P.    L.    191 1.     Appeal    of   John    H. 

Sheridan,    et    al.,    from    appointments,    Hoboken 254 

Commissioner   of   education,   jurisdiction    of,    in    dispute   between    board    of 

education  and  a  contractor 306 

Contract,  breach  of.     See  Breach  of  contract. 

Contracts,  chap.   1,  spec.  sess.  1903,  sec.  53 283 

Contracts   for   buildings.     Price   vs.    Rutherford 250 

Contracts,    teachers'.     Kipsey    vs.    Warren    Township 251 

Controversy  arising  under  the  school  law,  sec.  10,  Clayton  vs.  Hoboken....      251 
Controversy  arising  under  the  school  law,  sec.  10,  Common  Council  of  South 

Amboy  vs.  Board  of  Education  of  South  Amboy 273 

Discharge    of    janitor.     Vickers    vs.    Northfield 255 

Discharge   of   medical   inspector.     Terry   vs.   Atlantic   City 357 


5oo  INDEX. 

PAGE. 

Discharge  of  supervising  principal ;  teachers'  contracts.     Kipsey  vs.  Warren 

Township   251 

Discharge   of   supervising   principal,    tenure   of   service   act.     Application    of 

Jared  Barhite  to  be  reinstated.     West   New  York 306 

Discharge  of  supervising  principal ;   tenure  of  service  act.     Fitch  vs.  South 

Amboy     333 

Discharge   of   supervising   principal ;    tenure   of   service   act.     Marsteller   vs. 

Pleasantville     329 

Discharge    of   teacher.     Welch    vs.    West    Orange 342 

Discharge    of    teacher;    tenure    of    service    act.     Clayton,    administrator    of 

Helen    R.    Sumner    vs.    Orange 319 

District  clerk,  removal  of,  chap.  1  spec.  sess.  Henry  vs.  Bernards  Township  256 
District  school  meeting,  legality  of.     Huser  vs.   North   Bergen 324 

Election    of    members    of    a    board    of    education.     Bembridge,    et    al.,    vs. 

Roselle    Park    316 

Election  of   members   of   a   board   of  education.     Clough   and    Brandeis   vs. 

South    Orange     321 

Election    of    members    of    a    board    of    education.     Comly    and    Roome    vs. 

Pequannock  Township    308 

Flag,   salute  to,   at   the  opening   exercises  of  a  school.     Temple  vs.   Cedar 
Grove    Township    294 

Graduating  exercises  not  a  part  of  the  course  of  study.     Bartlett  vs.  West 

Orange    261 

»• 

Janitor,    discharge    of.     Vickers    vs.    Northfield    Borough 255 

Janitors,  tenure  of  office.     See  Tenure  of  office  of  a  janitor. 

Jersey  City,  Board  of  Education,  appointment  of  members  of.     Ferris,  et  al., 

vs.    O'Keefe,    et   al 340 

Jurisdiction    of   Commissioner    of    Education    in    dispute   between    Board    of 

Education    and   a   contractor.     Ciccarelli    vs.    Hoboken 306 

Legality  of  district  school   meeting.     Huser  vs.   North   Bergen 324 

Medical    inspector,    discharge   of.     See    Discharge    of    medical    inspector 

Meeting    of    the    legal    voters    of    a    school    district,    calling    upon    petition, 

chap.   1,  spec.  sess.   1903,  sec.  86,   X.     Stoltz  vs.  Warren  Township 281 

Meetings  of  the  legal  voters  of  a  school  district.     Hartpence  vs.  Kingwood 

Township    286 

Non-attendance  by  a  member  of  board  of  education  meetings,  removed  for. 
Mead  vs.   Pequannock  Township 310 

Order  withholding  school   money   from  a  district.     Davis  vs.   Overpeck....      321 

Pension,   teacher's.     Pearce   vs.   Brick   Township 305 

Percentage  of  salary  to  be  deducted   for  teachers'  retirement   fund.     Bailey 

vs.    Teachers't  Retirement    Fund 310 

Powers  of  a   committee   of  a   Board   of   Education.     Application   of   Wilson 

Taylor    to    set    aside    certain    resolutions.     Hoboken 279,  280 

Powers  of  auditor  of  school  district.     Board  of  Education  of  Atlantic  City 

vs.    Bessie    M.    Townsend 353 


INDEX.  501 

PAGE. 
Pupil,   suspension   and   expulsion   of.     See   Suspension   and   expulsion   of   a 
pupil. 

Reduction  of  salary  of  a  truant  officer.     Hall   vs.   Atlantic   City 333 

Refusal  of  Common  Council  to  raise  amount  appropriated  for  school  pur- 
poses by  the  Board  of  School  Estimate.     Lambertville 311 

Removal  of  a  member  of  a  Board  of  Education  for  not  attending  meetings. 

Mead   vs.    Pequannock   Township 310 

Removal    of    district    clerk.       Chap.    1,    spec.  sess.       Henry  vs.   Bernards 

Township    256 

Residence  of  memher  of  a  Board  of  Education.     O'Brien  vs.  West  New  York  267 

Resignation   of  teacher.     Nicholson   vs.   Swedesboro 24$ 

Salary  of  teacher  under  tenure  of  service  act.     Wakefield  vs.  Hoboken....  368 

Salute  to  the  flag  at  the  opening  exercises  of  a  school.     Temple  vs.  Cedar 

Grove    294 

School    buildings,    use    of,    for    other    than    school    purposes.     Klein,    et    al., 

vs.    Jersey    City 298 

School   district   legal   voters,    calling   of   a    meeting   upon   petition,    chap.    1, 

spec.   sess.    1903,   sec.   86,   X.     Stoltz   vs.   Warren    Township 281 

School  district  legal  voters,  meetings  of.  Hartpence  vs.  Kingwood  Town- 
ship      286 

School  purposes,  suitability  of  certain  plot  for  Lambertville 33J 

Secretary,   appointment  of.     See  Appointment   of   secretary. 

Suitability   of   certain   plot   for    school    purposes.     Lambertville 331 

Supervising  principal,  discharge  of.     See  Discharge  of  supervising  principal. 

Supervising  principal,  tenure  of  service.  See  Tenure  of  service  of  super- 
vising principal. 

Suspension  and  expulsion  of  a  pupil.     Tatham  vs.  Wallington 297 

Teacher,   discharge  of.     See  Discharge  of  teacher. 

Teachers,   tenure  of   service.     See   Tenure   of  service  of  teachers. 

Teachers'   contracts.     Kipsey  vs.   Warren   Township 251 

Teacher's   pension.     Pearce   vs.   Brick   Township 305 

Teachers'  retirement  fund,  percentage  of  salary  to  be  deducted  for.     Bailey 

vs.  Teachers'  Retirement  Fund 310 

Tenure   of   service.     Coles   vs.    Pilesgrove    245 

Tenure   of   service   act,   teachers',    chap.    243,    P.    L.    1909.     Marsteller   vs. 

Pleasantville     256 

Tenure  of  service  of  janitors.     Deiseroth  vs.  Margate  City 300 

Goorley    vs.    Bradley    Beach 295 

Tenure  of  service  of  supervising  principal.     Application   of  Jared   Barhite 

to   be   reinstated.     West    New    York 306 

Tenure  of  service  of  teachers.     Backus  vs.   Delaware  Township 282 

Brandes    vs.    Hoboken 300 

Conrow  vs.  Lumberton  Township 299,317 

Davis    vs.    Overpeck    Township 288 

Johnson  vs.   Stafford   Township 285 

Tobey   7'j.    Newark 366 

Wakefield    vs.    Hoboken 368 

Transportation   of   pupils.     Becker   vs.    Holland 328 

Foose    vs.    Holland 325 

Lippincott,    et    al.,    vs.    Springfield    Township..  362 

Polk  vs.  Centre  Township 355 

Staats   vs.    Montgomery   Township 344 

Truant  officer,  reduction  of  salary  of.     Hall   vs.   Atlantic   City 322 


502  INDEX. 

PAGE. 
Use  of  school  buildings  for  other  than   school  purposes.     Klein,   et   al.,   vs. 
Jersey    City     298 

Vacancy  in  a  Board  of  Education  acting  under  Article  VII.  Appeal  of 
1.    C.    Myers,    Oxford    Township,    Warren    County 271 

Vacancy  in  Board  of  Education  organized  under  Article  VI.  Leuly,  et  al., 
vs.    Ritter,    et    al 346 

Withholding  school   money   from   a   district.     Davis  vs.   Overpeck 321 


DECISIONS  OF  THE  COMMISSIONER  OF  EDUCATION 
AND  THE  STATE  BOARD  OF  EDUCATION. 


PARTIES. 

Atlantic  City,  Board  of  Education  of,  vs.  Albert  Beyer,  Custodian 351 

Atlantic    City,    Board    of    Education    of,    vs.    Bessie    M.    Townsend,    Acting 

Comptroller    353 

Atlantic   City,   Board   of   Education   of,   James   F.    Bourne  vs 274 

Atlantic  City,   Board  of   Education  of,  John   F.   Hall   vs 32a 

Atlantic   City,    Board   of   Education   of,    Edward    B.   Terry   vs 357 

Backus,  Mary  K.,  vs.  Board  of  Education  of  Delaware  Township 282 

Bailey,   Ella  M.,  vs.   Board  of  Trustees  of  the  Teachers'    Retirement   Fund  310 
Barhite,  Jared,  application  to  be  reinstated  as   Supervising  Principal,   West 

New  York   306 

Bartlett,  John  H.,  Jr.,  vs.  Board  of  Education  of  Township  of  West  Orange  261 

Becker,  George,  vs.  Board  of  Education  of  the  Township  of  Holland 328 

Bembridge,  William  A.,  et  al.,  vs.   Board  of   Education  of  the   Borough   of 

Roselle    Park    316 

Bernards  Township,  Board  of  Education  of,  Clare  M.  Henry  vs 256 

Beyer,  Albert,  Custodian  of  School  Funds  for  the  District  of  Atlantic  City, 

the  Board  of  Education  of  Atlantic  City  vs 351 

Blackmore,   Charles  W.,  et  al.,  vs.   Frederick  Mann,   et  al 364 

Bourne,  James  F.,  vs.   Board  of   Education  of  the   City  of  Atlantic   City..  274 

Bradley  Beach,  Board  of  Education  of  the  Borough  of,  William  Goorley  vs.  295 
Brandeis,   Theodore   C.     See  Clough,   Allen   E.,  and   Theodore    C.   Brandeis. 

Brandes,  Edgar,  vs.  Board  of  Education  of  the  City  of  Hoboken 300 

Brick  Township,   Board  of   Education  of,  C.   C.   Pearce  vs 305 

Bridgeton,   Board  of  Education  of  the  City  of,  vs.  Common  Council  of  the 

City    of    Bridgeton 336 

Briesen,  Arthur.     See  Lasher,   Philip,  and  Arthur  Briesen. 

Cedar  Grove  Township,  Board  of  Education  of,  Fred  Temple  vs 294 

Centre  Township,   Board  of   Education  of,   Elsey   E.   Polk   vs 355 

Ciccarelli,  Eugene,  vs.  Board  of  Education  of  the  City  of  Hoboken 306,341 

Clayton,  Arthur  W.,  vs.  Board  of  Education  of  the  City  of  Hoboken 251 

Clayton,  Robert  A.,  administrator  of  Helen  R.  Sumner,  deceased,  vs.  Board 

of  Education  of  the  City  of  Orange 319 


INDEX.  503 

PAGE. 

Clough,  Allen  E.,  and  Theodore  C.  Brandeis  vs.  Board  of  Education  of  the 
Township   of   South    Orange 321 

Coles,  Sue  H.,  vs.  Board  of  Education  of  Pilesgrove  Township 245 

Comly,  William  F.,  and  Giles  M.  Roome,  vs.  Board  of  Education  of  Pequan- 
nock    Township    3°8 

Conrow,    Ella,   vs.   Board  of   Education  of   Lumberton   Township 299,317 

Davis,  Walter  G..  vs.  Board  of  Education  of  Township  of  Overpeck. .  .  .288,  321 

Deiseroth,  Edward,  vs.  Board  of  Education  of  Margate  City 300 

Delaware  Township,  Board  of  Education  of,  Mary  K.  Backus,  vs 282 

Ellison,  Benjamin  F.     See  Krug,  William  B.,  and  Benjamin  F.  Ellison. 

Ferris,  John  J.,  et  al.,  vs.  Jerome  O'Keefe,  et  al 340 

Fitch,   Russell   M.,  vs.   Board  of  Education  of  South  Amboy 333 

Foose,  William  L.,  vs.  Board  of  Education  of  the  Township  of  Holland 325 

Goorley,  William,  vs.  Board  of  Education  of  the  Borough  of  Bradley  Beach     295 

Hall,  John  F.,  vs.  Board  of  Education  of  Atlantic  City 32a 

Hartpence,  Richard  S.,  vs.  Board  of  Education  of  Kingwood  Township....  286 

Hayes,  James  H.,  Jr.,  vs.  Bessie  M.  Townsend,  Comptroller  of  Atlantic  City  359 

Henry,  Clare  M.,  vs.  Board  of  Education  of  Bernards  Township 256 

Hoboken,  Appointments  made  by  the  Mayor  of,  appeal  by  John  H.  Sheridan, 

et    al 254 

Hoboken,    Board   of   Education,   a   body   assuming   to   act  as,   application   of 

Wilson    Taylor   to    set    aside    certain    resolutions    passed    by    it 279,280 

Hoboken,   Board  of  Education  of,   Edgar  Brandes  vs 300 

Hoboken,    Board   of    Education    of,    Eugene    Ciccarelli    vs 306,341 

Hoboken,  Board  of  Education  of,  Arthur  W.  Clayton  vs 251 

Hoboken,   Board  of  Education  of  the  City  of,  Wallace  D.   Patterson  vs....  283 

Hoboken,  Board  of  Education  of,  Arthur  Wakefield  vs 368 

Hoboken,   Mayor  of  the   City   of,   Application   of   Wilson   Taylor  to   review 

certain  proceedings  of,  etc 277 

Holland,  Board  of  Education  of  the  Township  of,  William  L.  Foose  vs....  325 

Holland,   Board  of  Education  of  the  Township  of,  George  Becker  vs 328 

Huser,  A.  T.,  vs.  Board  of  Education  of  the  Township  of  North  Bergen....  324 

Jersey  City,   Board  of  Education  of,   Fred   Klein,   et  al.,  vs 298 

Johnson,  Parthenia,  vs.   Board  of  Education  of  Stafford  Township 285 

Kingwood  Township,  Board  of  Education  of,  Richard  S.  Hartpence  vs 286 

Kipsey,  Grover  F.,  vs.  Board  of  Education  of  Warren  Township 251 

Klein,  Fred.,  et  al.,  vs.  Board  of  Education  of  Jersey  City 298 

Krug,  William  B..  and  Benjamin  F.  Ellison,  vs.  Board  of  Education  of  the 

Township   of    Woodbridge 263 

I.ambertville,  Board  of  Education  of  the  City  of,  vs.  Common  Council  of  the 

City    of    Lambertville 3' 1, 33* 

Lasher,  Philip,  and  Arthur  Briesen,  vs.  Board  of  Education  of  the  Township 

of  Weehawken    338 

I-euly,  Albert,  et  al.,  vs.   Henry  Ritter,   et   al 346,349 

l.ippincott,  Maurice,  et  al.,  vs.  Board  of  Education  of  Springfield  Township     362 
Lumberton  Township,  Board  of  Education  of,  Ella  Conrow,  vs 299,  317 


504  INDEX. 

PAGE. 

Mann,   Frederick,   et  al.,   Charles   W.   Blackmore,   et   al.,  vs 364 

Margate   City,   Board  of  Education  of,    Edward   Deiseroth  vs 300 

Marsteller,  Hower  T.,  vs.  Board  of  Education  of  Pleasantville 256,329 

Mead,  George  W.,  vs.  Board  of  Education  of  Pequannock  Township 310 

Montgomery  Township,  Board  of  Education  of,  Frederick  Staats  vs 344 

Myers,  J.  C,  appeal  of,  in  the  case  of  a  vacancy  in  the  Board  of  Education 

of   Oxford    Township,    Warren    County 271 

Newark,  Board  of  Education  of  the  City  of,  Carolyn  E.  Tobey  vs 366 

Nicholson,  Elsie  B.,  vs.  Board  of  Education  of  the  Borough  of  Swedesboro..  246 

North  Bergen,  Board  of  Education  of  the  Township  of,  A.  T.  Huser  vs....  324 

Northfield   Borough,   Board   of   Education   of,   A.   R.   Vickers  vs 255 

O'Brien,  Frank  H.,  vs.  Board  of  Education  of  the  Town  of  West  New  York  267 

O'Keefe,  Jerome,  et  al.,  John  J.  Ferris,  et  al.,  vs 340 

Orange,  Board  of  Education  of  the  City  of,  vs.  Robert  A.  Clayton,  admin- 
istrator of   Helen   R.   Sumner,   deceased 319 

Overpeck  Township,  Board  of  Education  of,  Walter  G.  Davis,  vs 288,321 

Oxford  Township,  Warren  County ;  Vacancy  in  the  Board  of  Education ;  Ap- 
peal  of  J.    C.    Myers -. 271 

Patterson,  Wallace  D.,  vs.  Board  of  Education  of  the  City  of  Hoboken....  283 

Pearce,  C.  C,  vs.  Board  of  Education  of  Brick  Township 305 

Pequannock  Township,  Board  of  Education  of,  William  F.  Comly  and  Giles 

M.   Roome  vs 308 

Pequannock  Township,   Board  of  Education  of,  George  W.   Mead  vs 310 

Pilesgrove  Township,    Board   of   Education,    Sue   H.   Coles   vs 245 

Pleasantville,    Board    of    Education    of,    Hower   T.    Marsteller   vs 256,329 

Polk,  Elsey  C,  vs.  Board  of  Education  of  Centre  Township 355 

Price,  Anderson,  vs.  Board  of  Education  of  the  Borough  of  Rutherford....  250 

Ritter,   Henry,   et  al.,   Albert   Leuly  et  al.,   vs 346,349 

Roome,  Giles  M.     See  Comly,  Wiliiam  F.  and  Giles  M.  Roome. 

Roselle  Park  Board  of  Education  of  the  Borough  of,  William  A.  Bembridge, 

et   al.,   vs 3i(J 

Rutherford,  Board  of  Education  of  the  Borough  of,  Anderson  Price  vs 250 

Sheridan,  John  H.,  et  al..  appeal  from  appointments  made  by  the  Mayor  of 

the   City  of   Hoboken 254 

South   Amboy,   Board  of   Education   and   Board   of   Estimate,   the   Common 

Council  of  South  Amboy  vs 273 

South  Amboy,  Board  of  Education  of,  Russell  M.  Fitch  vs 333 

South  Orange,  Board  of  Education  of  the  Township  of,  Allen  E.  Clough  and 

Theodore   C.    Brandeis  vs 321 

Springfield  Township,  Board  of  Education  of,  Maurice  Lippincott,  et  al.,  vs.  362 

Staats,  Frederick,  vs.   Board  of  Education  of  Montgomery  Township 344 

Stafford  Township,  Board  of  Education  of,  Parthenia  Johnson,  vs 285 

Stoltz,  Mark,  vs.  Board  of  Education  of  Warren  Township 281 

Sumner,   Helen   R.,   deceased.     See  Clayton,    Robert   A.,   administrator. 

Swedesboro,  Borough  of,  Board  of  Education,  Elsie  B.  Nicholson  vs 246 

Tatham,  Richard,  vs.  Board  of  Education  of  the  Borough  of  Wallington..  297 
Taylor,  Wilson,  application  of,  to  review  certain  proceedings  of  the  Mayor 

of  the  City  of   Hoboken,   etc 277 

Taylor,  Wilson,  application  to  set  aside  certain  resolutions  passed  by  a  body 

assuming  to  act  as  a  Board  of  Education  of  the  City  of  Hoboken.  ..  .279,  280 


INDEX.  505 

PAGE. 

Temple,  Fred,  vs.  Board  of  Education  of  Cedar  Grove  Township 394 

Tenure   of   service.     Sue    H.    Cole    vs.    Board    of    Education    of    Pilesgrove 

Township    24$ 

Terry,   Edward   B.,  vs.   Board  of  Education  of  Atlantic  City 357 

Tobey,  Carolyn  E.,  vs.  Board  of  Education  of  the  City  of  Newark 366 

Townsend,   Bessie  M.,  Acting  Comptroller  of  Atlantic  City,   Board  of  Edu- 
cation of  Atlantic  City,  vs 353 

Townsend,  Bessie  M.,  Comptroller  of  Atlantic  City,  James  H.  Hayes,  Jr.,  vs.  359 

Vickers,  A.  R.,  vs.  Board  of  Education  of  Northfield  Borough 255 

Wakefield,  Arthur,  vs.  Board  of  Education  of  Hoboken 368 

Wallington,  Board  of  Education  of  the  Borough  of,  Richard  Tatham  vs....  297 

Warren   Township,    Board   of    Education,    Grover   F.    Kipsey   vs 251 

Warren  Township,  Board  of  Education,  Mark  Stoltz  vs 281 

Weehawken,   Board  of   Education  of  the  Township  of,   Philip   Lasher  and 

Arthur    Briesen,   vs 33** 

Welch,  Laura  C,  vs.  Board  of  Education  of  West  Orange 342 

West  New  York,  application  of  Jared  Barhite  to  be  reinstated  as  supervising 

principal   306 

West  New  York,  Board  of  Education,  Frank  H.  O'Brien  vs 267 

West  Orange,  Board  of  Education  of,  Laura  C.  Welch  vs 34a 

West  Orange,  Board  of  Education  of,  John  H.  Bartlett,  Jr.,  vs 261 

Woodbridge,  Board  of  Education  of  the  Township  of,  William  B.  King  and 

Benjamin  F.  Ellison  vs 263 


5o6  INDEX. 

BLANKS  AND  FORMS. 


PAGE. 

Forms  for   City  Superintendents : 

application   for  state  manual   training  appropriation,  XXI....  386 

contract   with    teachers,    XX 384 

manual  training,  application  for  state  aid,  XXI 386 

teachers,    contract    with,    XX 384 

Forms  for  Compulsory  Education : 

affidavit  of  attendance  officer,  A62 43> 

age,   documentary  proof  of,  A51 423 

physical  examination  to  determine,  application,  A54....  424 

physician's  certificate,   A55    425 

age    and    schooling    certificate,    A57 426 

age  and  working  certificate,   application   of  parent,   A65 43 3 

form   for,  A66 434 

principal's    certificate,    A64 433 

application  for  physical  examination  of  child  to  determine  age, 

A54    424 

attendance  officer,  affidavit,   A62 43 1 

attendance   report,    A63 432 

documentary  proof  of  age,  A5 1 423 

educational  qualification,  certificate  of,  A52 423 

employer's  certificate,  A56 425 

legal  notice  to  parent  or  guardian  to  send  child  to  school,  A59  427 

notice,  legal,  to  parent  or  guardian  to  send  child  to  school,  A59  427 

parent's    application,    age    and    working    certificate,    A65 433 

parent  or  guardian,  legal  notice  to  send  child  to  school,  A59..  427 

physical  qualification,  A53 424 

physician's   certificate   of  age,   A55 425 

principal's   certificate,    age   and   working   certificate,    A64 433 

proof  of  age,  documentary,  A51 423 

rule  to  show  cause,  A61 430 

schooling,   age  and,   certificate,   A57 426 

state   warrant,   A60 429 

subpoena,  rule  to  show  cause,  A61    430 

warrant,  state,  A60 429 

working,   age   and,   certificate,   form   for,   A66 434 

Forms  for  County  Superintendents : 

appointment   of  a   president,   or   vice-president,    XV 381 

apportionment  of  school  moneys,  notice  to  custodian,  XIV....  381 

balances,    order   on    county   collector   for,    X 379 

certificate    condemning    school-house,    XIII 380 

teacher's  attendance  at  institute,  III 375 

transfer  of   pupils   to   another   district,    1 374 

condemnation   of  school-house,   certificate,   XIII 380 

district   clerk,   notice   that   teacher  has   filed   report,   XII 380 

expenses  of  county  superintendent,  statement  of,  IV 376 

institute,  certificate  of  attendance  at,  III 375 

notice  of,   II 374 

notice    of    institute,    II 374 


INDEX.  507 


PAGE. 

to  custodian  of  apportionment  of  school  moneys,  XIV  381 

payment    of   school    moneys,    XVIII 383 

to    withhold    school    moneys    from    district, 

XVII    382 

a  teacher, 

XVI    381 

district  clerk  that  teacher  has  filed  report,  XII 380 

order  on  county  collector,  balances,  X 379 

reserve    fund,    VIII 378 

state  appropriation,  VI 378 

state   railroad   tax,    XI 380 

state   school    fund    appropriation,    V  377 

state    school    tax,    VII 378 

surplus    revenue   interest,    IX 379 

payment  of  school   moneys,   notice   to  custodian,   XVIII 383 

president,  appointment  of,  XV 381 

reserve    fund,    order   on   county   collector,    VIII 378 

school    moneys,    apportionment,    notice   to   custodian,    XIV....  381 

state  appropriation,  order  on  county  collector,  VI 378 

state  railroad  tax,  order  on  county  collector  for,  XI 380 

state  school  fund  appropriation,  order  on  county  collector,  V..  377 

state  school   tax,   order   on   county   collector,   VII 378 

statement  of  expenses  of  county  superintendent,  IV 376 

surplus  revenue   interest,   order  on   county  collector,   IX 379 

teacher  has  filed   report,   notice  to   district  clerk,   XII 380 

transfer  of  pupils  to  another  district,  1 374 

vice-principal,    appointment   of,    XV 381 

withhold   school    moneys   from   district,   notice   to,   XVII 382 

teacher,  notice  to,  XVI 381 

Forms  for  District   Clerks : 

affidavit  of  member  of  board  of  education,  XXXII 407 

to  bills,  XXX 392 

annual    district    meeting,    notice    for,    XIX 383 

application  for  approval  of  school-house  plans,  A42 421 

loan    from   state   school   fund,   XXXI 399 

state  manual  training  appropriation,  XXI 386 

approval   of   school-house    plans,    application    for,    A42 421 

ballot    for   bonds,    form    for,    XXXI 398 

board  of  education,  affidavit  of  member  of,  XXXII 407 

notice  of  election  as  member  of,  XXXVIII  413 

of  members  of,   XXVII.  389 

bonding  a  district,  directions   for,   XXXI 395 

bonds  authorization,  notice  to  voters,  XXXI 402 

certificate  to  assessor,   of  tax  to  be  raised  for,  XXXVI  410 

county  superintendent  of  tax  for,  XXXVII  411 

form   for  ballot   for,    XXXI 398 

minutes    of    meeting    authorizing,    XXXI 400,403,405 

school    loan,    form   of,    XXXV 409 

borrowed    money,    note    for,    XLII 416 

certificate  of  amount  of  district  school  tax  voted  to  be  raised 

XXIX    39» 

contract    for   building   school-house,    XLI 415 

teacher,    XX     384 

transportation    of  pupils,   A73 438 

deed  for  school-house  site,  XL 414 

directions  for  bonding  a  district,  XXXI 395 

duties   of,    XLIII 416 

lease,  form  of,  XXXIX 413 


5o8  INDEX. 

PAGE, 
letter  accompanying  registers  shipped  to  Commissioner  of  Edu- 
cation,  XXXIV    408 

loan  from  state  school  fund,  application  for,  XXXI 390 

loans,    bonds    for,    XXXV 409 

manual    training,    application    for   state   aid,    XXI 386 

meetings,   business   to   be  transacted   at,    XXIII 387 

authorizing  bonds,  minutes,   XXXI 403 

notices  of,   XIX,   XXII 383,386 

for  annual   district,   XIX 383 

special  district,  XXII ■ 386 

to   members  of  board  of  education  elected 

at,    XXXVIII    413 

order   of   business   at,   XXIV 388 

minutes    of    meeting   authorizing   bonds,    XXXI 400,403,405 

monthly  report  to  board  of  education,   XLVIII 420 

note  for  borrowed  money,  XLII 416 

notice,  annual  district  meeting,  XIX 383 

election   of   members   of  board,   XXVII 389 

items  that  may  be  inserted  in  district  meeting,  XXIII  387 

special    district    meeting,    XXII 386 

to  assessor  of  tax  to  be  raised  for  bonds  and  interest, 

XXXVI    410 

county    superintendent    of    tax    for    bonds    and    in- 
terest,   XXXVII    411 

voters  of  bond  authorization,  XXXI 40 j 

order  of  business  at  district  meetings,  XXIV 388 

on  custodian   for  district   tax  raised   for  other  purposes 

than   teachers'  salaries,   XXVI 389 

teacher's   salary,   XXV 388 

plans  for  school-houses,  application  for  approval,  A42 421 

pupils'  transfer  card,  within  district,  XXXIII 408 

pupils,  transportation  contract,  A73 438 

register  shipping  letter,   XXXIV 408 

report,  monthly  to  board  of  education,  XLVIII 420 

to    county    superintendent    of    the    amount    of    district 

school   tax,   XXVIII 390 

school-house,   contract   for  building,   XLI 415 

site,  deed  for,  XL 414 

special   district   meeting,   notice   of,   XXII 386 

specifications  of  business  to  be  transacted  at  district  meetings, 

XXIII    387 

suspension  of  pupil,  teacher's  report,  XLVI 418 

tax,  district  school,  to  be  raised,  notice  to  assessor,  XXIX....  391 

report    to    county   superintendent,    XXVIII  390 

for  bonds  and  interest,  notice  to  assessor,  XXXVI 410 

county      superintendent, 

XXXVII    4" 

teacher,  contract  with,  XX 384 

order  for  salary,  XXV 388 

pupil's   transfer   card,   within   district,   XXXIII 408 

report   of   suspension   of   pupil,    XLVI 418 

to  county   superintendent  when  leaving  school 

before  end   of  school  year,   XLV. . . .  418 

transfer  card  for  pupils,  within  district,   XXXIII 408 

transportation  of  pupils,   contract,   A73 438 


INDEX.  509 

PAGE 

Forms  for  District  Meetings: 

ballot  for  bonds,   form   for,   XXXI 398 

bond,   form   for  ballot   for,   XXXI 398 

bonding  a  district,  directions  for,   XXXI 395 

bonds,  minutes  of  meetings  authorizing,   XXXI 400 

business  to  be  transacted  that  may  be  inserted  in  notice,  XXIII  387 

minutes   of    meeting    authorizing    bonds,    XXXI 400,403,405 

notice  to  members  of  board  of  education  elected  at,  XXXVIII  413 

order   of   business,    XXIV 388 

Forms,    Miscellaneous : 

act  concerning  disorderly  persons,   XLIX 421 

affidavit  to  bills  presented  to  boards  of  education,  XXX 393 

attendance  of  pupil,  certificate  by  principal,  XLIV 417 

calendar   for  school   elections   and   duties 393 

certificate  by  principal  that  child  has  attended  school,  XLIV..  417 

disorderly  persons,   act   concerning,   XLIX 421 

grade    and    progress    study,    XLVII 419 

progress  and  grade  study,  XLVII 419 

pupils,  grade  and  progress  study,  XLVII 419 

retirement,   directions    for   application,    A70 436 

form   for  application  for,  A71 436 


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